Opinion
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.
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.
Opinion
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 A.D.3d 520, 14 N.Y.S.3d 694; People v. Jones, 101 A.D.3d 836, 954 N.Y.S.2d 918; People v. Fredlund, 38 A.D.3d 636, 832 N.Y.S.2d 592) and, in any event, without merit (see People v. Brown, 131 A.D.3d at 521, 14 N.Y.S.3d 694; People v. Caban, 61 A.D.3d 834, 835, 877 N.Y.S.2d 403).
Accordingly, the Supreme Court properly designated the defendant as a level two sex offender (see People v. Tineo–Morales, 101 A.D.3d 839, 955 N.Y.S.2d 213; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).
DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.