People v Avalo, 2020 NY Slip Op 04599 [186 AD3d 754]

August 19, 2020

Appellate Division, Second Department

[*1]

The People of State of New York, Respondent,

v

Miguel Avalo, Appellant.

Marianne Karas, Thornwood, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Rebecca L. Abensur and Sarah Nadeau-Balducci of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Nassau County (Robert A. McDonald, J.), dated January 28, 2018, 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 the Supreme Court, in designating him a level one sex offender under the Sex Offender Registration Act ( see Correction Law art 6-C [hereinafter SORA]), improperly assessed him 10 points under risk factor 15 is unpreserved for appellate review, since he did not object to the assessment of these points at the SORA hearing ( see People v Cox , 173 AD3d 783 , 783 [2019]). In any event, the issue of whether the defendant might have earned a lower numerical score under the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) was academic, as the defendant would inevitably have remained at level one regardless of how low his numerical score might have been ( see People v Belter , 84 AD3d 905 , 906 [2011]). Dillon, J.P., Balkin, Austin and Duffy, JJ., concur..