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People v. Ortiz

114 A.D.3d 740 Court N.Y. App. Div. Decision date 2014-02-13 English

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p. 740
The People of the State of New York, Respondent, v David Ortiz, Jr., Appellant.
[980 NYS2d 269]

Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J), dated February 28, 2013, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6-C.

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

The defendant’s contention that he is not a sex offender within the meaning of the Sex Offender Registration Act (Correction Law art 6-C) is unpreserved for appellate review (see People v Windham, 37 AD3d 571 [2007], affd 10 NY3d 801 [2008]). In any event, the defendant’s contention is without merit since he was convicted of rape in the second degree, a specified sex offense requiring his registration as a sex offender (see Correction Law §§ 168-a, 168-f).

The defendant was not deprived of the effective assistance of counsel (see People v Bowles, 89 AD3d 171 [2011]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Balkin, J.E, Chambers, Austin and Roman, JJ., concur.

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