Opinion
2004-00225.
March 7, 2006.
Appeal by the defendant from an order of the County Court, Orange County (Berry, J.), dated December 17, 2003, which designated him a level three sex offender pursuant to Correction Law article 6-C.
Bruce D. Townsend, Walden, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: Florio, J.P., Ritter, Krausman and Covello, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The defendant, represented by counsel, consented to his designation as a level three sex offender and waived his right to a hearing on the matter ( see Correction Law § 168-n). The defendant's contentions regarding the validity of his waiver are unpreserved for appellate review ( see People v. Dexter, 21 AD3d 403, lv denied 5 NY3d 716). In any event, we are satisfied that the waiver was knowingly and voluntarily given ( see People v. Dexter, supra).
The defendant's remaining contentions are waived, unpreserved for appellate review, based on matters dehors the record, or without merit ( see People v. Kinchen, 60 NY2d 772; People v. Spotards, 23 AD3d 586; People v. Dexter, supra; People v. Angelo, 3 AD3d 482; People v. Tilley, 305 AD2d 1041; People v. Baker, 303 AD2d 570).