Opinion
2014-02-13
PEOPLE of State of New York, respondent, v. David ORTIZ, Jr., appellant., appellant.
Del Atwell, East Hampton, N.Y., for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Del Atwell, East Hampton, N.Y., for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated February 28, 2013, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's contention that he is not a sex offender within the meaning of the Sex Offender Registration Act (Correction Law article 6–C) is unpreserved for appellate review ( see People v. Windham, 37 A.D.3d 571, 831 N.Y.S.2d 193,affd.10 N.Y.3d 801, 856 N.Y.S.2d 557, 886 N.E.2d 179). In any event, the defendant's contention is without merit since he was convicted of rape in the second degree, a specified sex offense requiring his registration as a sex offender ( see Correction Law §§ 168–a, 168–f).
The defendant was not deprived of the effective assistance of counsel ( see People v. Bowles, 89 A.D.3d 171, 932 N.Y.S.2d 112).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.