People v Hernandez, 2019 NY Slip Op 03387 [172 AD3d 765]

May 1, 2019

Appellate Division, Second Department

[*1]

The People of State of New York, Respondent,

v

Jose V. Hernandez, Appellant.

Michael A. Fiechter, Bellmore, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Sarah S. Rabinowitz and Amanda Manning of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Nassau County (Robert A. McDonald, J.), dated February 9, 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 improperly assessed him points under risk factor 5 of the risk assessment instrument is unpreserved for appellate review ( see CPL 470.05 [2]; People v Game , 131 AD3d 460 [2015]; People v Serrano , 61 AD3d 946 , 947 [2009]), and, in any event, without merit. Mastro, J.P., Chambers, Miller and Christopher, JJ., concur..