Opinion
KA 03-01914.
June 10, 2005.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered August 5, 2003. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (MARGARET A. JONES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Martoche, J.P., Smith, Lawton and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Because attempted burglary in the second degree is a violent felony offense as a matter of law ( see Penal Law § 70.02 [c]; People v. Wroten, 286 AD2d 189, 198, lv denied 97 NY2d 610), we conclude that County Court's designation of defendant as a level two risk is supported by clear and convincing evidence ( see generally Correction Law § 168-n). Defendant's remaining contention is not preserved for our review ( see Oram v. Capone, 206 AD2d 839, 840) and, in any event, lacks merit.