Opinion
No. 3024.
March 11, 2008.
Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about January 26, 2006, which, in adjudicating defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), to the extent appealed from as limited by the briefs, declined to rule on a recommendation in the risk assessment instrument that defendant be assessed 10 points under the risk factor of age at first sex crime, unanimously affirmed, without costs.
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Sheryl Feldman of counsel), for respondent.
Before: Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.
Defendant concedes that he qualifies as a level two sex offender, based on 80 uncontested points in the risk assessment instrument. The court properly declined to rule on the 10 contested points, since no such ruling was necessary to its determination ( cf. People v Graham, 35 AD3d 299, lv denied 8 NY3d 808).