People v. Hyams

Full title: People of State of New York, respondent, v. James Hyams, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 2, 2015

2015 N.Y. Slip Op. 8816 (N.Y. App. Div. 2015)

Opinion

2014-10944

12-02-2015

People of State of New York, respondent, v. James Hyams, appellant.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated October 22, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

The defendant's sole contention on appeal, that the assessment of points under risk factors 5 and 6 constituted improper double counting, is unpreserved for appellate review (see People v Brown, 131 AD3d 520; People v Jones, 101 AD3d 836; People v Fredlund, 38 AD3d 636) and, in any event, without merit (see People v Brown, 131 AD3d at 521; People v Caban, 61 AD3d 834, 835).

Accordingly, the Supreme Court properly designated the defendant as a level two sex offender (see People v Tineo-Morales, 101 AD3d 839; People v Wyatt, 89 AD3d 112).

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court