People v. Pipkin, 2005-01718.

• Decision Date: 19 December 2006
• Docket Number: 2005-01718.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PIPKIN, Appellant.
• Court: New York Supreme Court — Appellate Division

35 A.D.3d 693

824 N.Y.S.2d 914

2006 NY Slip Op 09584

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PIPKIN, Appellant.

2005-01718.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 7, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the failure of his counsel at the hearing to controvert the assessment of 40 points under risk factors 9 and 10 did not, under the circumstances of this case, constitute ineffective assistance of counsel.

Florio, J.P., Mastro, Spolzino and Skelos, JJ., concur.