People v Middleton, 12 NY3d 737 (2009)

2009 NY Slip Op 01157 [12 NY3d 737]
February 17, 2009
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Dwayne Middleton, Appellant.

Decided February 17, 2009

People v Middleton, 50 AD3d 1114, affirmed.

{**12 NY3d at 738} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed without costs.

Defendant’s constitutional arguments are unpreserved. The record supports the determination of the courts below that defendant is a level three sex offender. [*2]

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs, in a memorandum.