People v Garcia, 2020 NY Slip Op 07927 [189 AD3d 1476]

December 23, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anastelio Garcia, Appellant.

Stacy Eves, Rockville Centre, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Rebecca L. Abensur and John B. Latella of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Angelo A. Delligatti, J.), entered January 31, 2019, 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 the County Court should not have considered the victim’s supporting deposition in determining whether to assess 25 points under risk factor 2 is unpreserved for appellate review, since, at the hearing, he failed to object to the court’s consideration of this evidence or to the assessment of those points ( see People v Windham , 10 NY3d 801, 802 [2008]; People v Fernandez , 91 AD3d 737, 738 [2012]). In any event, the defendant’s contention is without merit.

Accordingly, we agree with the County Court’s determination to designate the defendant a level two sex offender. Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur..