Opinion
No. 76 SSM 50.
Decided February 17, 2009
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 29, 2008. The Appellate Division affirmed an order of the Supreme Court, Kings County (Michael J. Brennan, J), which, after a hearing to redetermine the defendant's sex offender risk level pursuant to a stipulation of settlement, designated him a level three sex offender pursuant to Correction Law article 6-C.
The Appellate Division concluded that defendant was properly assessed 20 points for the number of victims, 30 points for the age of a younger victim, and 20 points for his failure to accept responsibility and sexual contact under the victim's clothing; that these 70 points, when added to the 55 points for factors defendant did not contest, gave defendant a presumptive score of 125; and that defendant was properly determined a level three sex offender.
People v Middleton, 50 AD3d 1114, affirmed.
Legal Aid Society, Criminal Appeals Bureau, New York City ( Steven J. Miraglia and Steven Banks of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn ( Maria Park of counsel), for respondent.
Before: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
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.
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.