Opinion
2015-06-10
PEOPLE of State of New York, respondent, v. Julio Romero GONZALEZ, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated July 29, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
In establishing a defendant's risk level pursuant to the Sex Offender Registration Act ( see Correction Law art. 6–C), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought ( see Correction Law § 168–n[3]; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v. Wyatt, 89 A.D.3d 112, 117–118, 931 N.Y.S.2d 85).
The defendant's contention that the County Court improperly assessed 15 points against him under risk factor 1 is unpreserved for appellate review ( see People v. Jennings, 122 A.D.3d 915, 916, 997 N.Y.S.2d 163). In any event, the People established, by clear and convincing evidence consisting of, inter alia, the victim's medical records and the written statement to the police made by the father of the 4–year–old victim, that the defendant inflicted physical injury on the victim, which supported the assessment of 15 points under risk factor 1 ( see People v. Kruger, 88 A.D.3d 1169, 1170, 931 N.Y.S.2d 753; People v. Sullivan, 64 A.D.3d 67, 73–74, 883 N.Y.S.2d 44; People v. Hazen, 47 A.D.3d 1091, 1092, 850 N.Y.S.2d 267; People v. Fisher, 22 A.D.3d 358, 358, 803 N.Y.S.2d 45). Accordingly, the County Court properly designated the defendant a level three sex offender.