People v Cash, 2019 NY Slip Op 00626 [168 AD3d 1110]

January 30, 2019

Appellate Division, Second Department

[*1]

The People of State of New York, Respondent,

v

Andre Cash, Appellant.

Janet E. Sabel, New York, NY (Richard Joselson and Jose David Rodriguez-Gonzalez of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Richmond County (William E. Garnett, J.), dated September 17, 2015, 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.

Correction Law § 168-l (8) provides that a failure by a state or local agency to act or by a court to render a determination within the time period specified by the Sex Offender Registration Act ( see Correction Law art 6-C [hereinafter SORA]) shall not affect the obligation of a sex offender to register or verify under SORA, nor shall such failure prevent a court from making a determination regarding the sex offender’s risk level. Contrary to the defendant’s contention, the delay in holding a hearing to determine his risk level pursuant to SORA was not so “outrageously arbitrary” as to constitute “a gross abuse of governmental authority” ( People v Sprinkler , 162 AD3d 802 , 802 [2018]; People v Gonzalez , 138 AD3d 814 , 815 [2016]; see People v Gallagher , 129 AD3d 1252 , 1253 [2015]; People v Meyers , 16 Misc 3d 115 , 117-118 [App Term, 2d Dept, 9th & 10th Jud Dists 2007]; cf. People v Gregory , 71 AD3d 1559 , 1560 [2010]). Austin, J.P., Maltese, Connolly and Christopher, JJ., concur..