Opinion
2013-08241.
10-28-2015
PEOPLE of State of New York, respondent, v. Kyle–Dwen SHEPPARD, appellant.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.), dated August 19, 2013, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant contends that he was deprived of his statutory and constitutional due process rights because the New York State Office of Mental Health failed to comply with a subpoena duces tecum directing it to disclose certain documents which he sought to utilize at a hearing pursuant to the Sex Offender Registration Act (Correction Law art. 6–C). However, under the particular circumstances here, the defendant's contention is unpreserved for appellate review (see generally CPL 470.05[2] ; People v. Rodriguez, 21 N.Y.3d 1030, 1031–1032, 972 N.Y.S.2d 215, 995 N.E.2d 178 ; People v. Wise, 127 A.D.3d 834, 6 N.Y.S.3d 292 ; People v. McFarlane, 24 A.D.3d 570, 571, 808 N.Y.S.2d 273 ). In any event, the defendant was not deprived of due process, nor the effective assistance of counsel (see Correction Law § 168–n ; Doe v. Pataki, 3 F.Supp.2d 456, 470 [S.D.N.Y.1998] ; People v. Gutierrez–Lucero, 103 A.D.3d 89, 98, 956 N.Y.S.2d 131 ; People v. Bowles, 89 A.D.3d 171, 173, 932 N.Y.S.2d 112 ; People v. Szwalla, 61 A.D.3d 1289, 1290, 877 N.Y.S.2d 757 ).
RIVERA, J.P., LEVENTHAL, AUSTIN and HINDS–RADIX, JJ., concur.