People v Augustine, 2016 NY Slip Op 00690 [136 AD3d 678]

February 3, 2016

Appellate Division, Second Department

[*1]

The People of State of New York, Respondent,

v

Valdez Augustine, Appellant.

Seymour W. James, Jr., New York, N.Y. (Paul Weiner of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Anthea H. Bruffee, and Gabrielle Lang of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Mondo, J.), dated May 16, 2013, 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 contention that he was improperly assessed points under risk factors 9 and 10 based upon his prior youthful offender adjudication, in violation of CPL 720.35 (2), is unpreserved for appellate review and, in any event, without merit ( see People v Francis , 137 AD3d 91 [2d Dept 2016]).

Accordingly, the defendant was properly designated a level two sex offender pursuant to Correction Law article 6-C. Dillon, J.P., Leventhal, Cohen and Maltese, JJ., concur..