Opinion
2014-07-3
The PEOPLE of the State of New York, Respondent, v. Jon C. MARTIN, Defendant–Appellant.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, and WHALEN, JJ.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Contrary to defendant's contention, the nearly six-year delay in rendering a risk classification determination did not deny him due process and was not “ ‘so outrageously arbitrary as to constitute gross abuse of governmental authority’ ” ( People v. Wilkes, 53 A.D.3d 1073, 1074, 862 N.Y.S.2d 232,lv. denied11 N.Y.3d 710, 872 N.Y.S.2d 72, 900 N.E.2d 555). Contrary to defendant's related contentions, County Court did not misapply the relevant case law, and vacatur of his risk classification is not warranted under the facts and circumstances of this case ( cf. People v. Gregory, 71 A.D.3d 1559, 1560, 897 N.Y.S.2d 665).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.