People v. Hyams

• Decision Date: 02 December 2015
• Citation: 2015 N.Y. Slip Op. 08816,134 A.D.3d 687,19 N.Y.S.3d 786 (Mem)
• Parties: PEOPLE of State of New York, respondent, v. James HYAMS, appellant.
• Court: New York Supreme Court — Appellate Division

134 A.D.3d 687

19 N.Y.S.3d 786 (Mem)

2015 N.Y. Slip Op. 08816

PEOPLE of State of New York, respondent,

v.James HYAMS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 2, 2015.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller IIIof counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannanof counsel), for respondent.

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated October 22, 2014, 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 sole contention on appeal, that the assessment of points under risk factors 5 and 6 constituted improper double counting, is unpreserved for appellate review (see People v. Brown, 131 A.D.3d 520, 14 N.Y.S.3d 694; People v. Jones, 101 A.D.3d 836, 954 N.Y.S.2d 918; People v. Fredlund, 38 A.D.3d 636, 832 N.Y.S.2d 592) and, in any event, without merit (see People v. Brown, 131 A.D.3d at 521, 14 N.Y.S.3d 694; People v. Caban, 61 A.D.3d 834, 835, 877 N.Y.S.2d 403).

Accordingly, the Supreme Court properly designated the defendant as a level two sex offender (see People v. Tineo–Morales, 101 A.D.3d 839, 955 N.Y.S.2d 213; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).

DILLON, J.P., CHAMBERS, AUSTINand SGROI, JJ., concur.