People v. Reitano
| Decision Date | 15 December 2009 |
| Docket Number | 2008-09289 |
| Citation | 2009 NY Slip Op 9446,68 A.D.3d 954,889 N.Y.S.2d 857 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN REITANO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, without costs or disbursements.
The only proper procedural vehicle for challenging a determination that an out-of-state conviction subjects an offender to the registration requirements of the Sex Offender Registration Act (see Correction Law art 6-C) is a CPLR article 78 proceeding against the Board of Examiners of Sex Offenders (see People v Teagle, 64 AD3d 549, 550 [2009]; People v Rendace, 58 AD3d 821 [2009]; People v Geier, 56 AD3d 539, 540 [2008]; People v Carabello, 309 AD2d 1227, 1228 [2003]; Matter of Mandel, 293 AD2d 750, 751 [2002]). Thus, on this appeal from the Supreme Court's order designating the appellant a level two sex offender, the appellant's contention that he should not have been required to register as a sex offender in New York based on his conviction of sexual battery in California is not properly before this Court (see People v Teagle, 64 AD3d at 550; People v Carabello, 309 AD2d at 1228).
Contrary to the appellant's contention, his attorney's failure to commence a CPLR article 78 proceeding on his behalf did not deprive him of the effective assistance of counsel, since such a proceeding would have had "little or no chance of success" (People v Caban, 5 NY3d 143, 152 [2005] [internal quotation marks omitted]; see Correction Law § 168-a [2] [b],[d] [i]; Penal Law § 130.55; Cal Penal Code § 243.4 [e] [1]; Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 NY3d 745 [2007]).
Inasmuch as the appellant does not raise any issue with respect to the Supreme Court's risk level designation made in the order appealed from, the order must be affirmed.
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Kasckarow v. Bd. of Examiners of Sex Offenders of New York, 10237/11.
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