Majority
p. 678The People of State of New York, Respondent, v Valdez Augustine, Appellant. [23 NYS3d 911]
— Appeal by the defendant from an order of the Supreme Court, Kings County (Mondo, J.), dated May 16, 2013, 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 contention that he was improperly assessed points under risk factors 9 and 10 based upon his prior youthful offender adjudication, in violation of CPL 720.35 (2), is unpreserved for appellate review and, in any event, without merit (see People v Francis, 137 AD3d 91 [2d Dept 2016]).
Accordingly, the defendant was properly designated a level two sex offender pursuant to Correction Law article 6-C.
Dillon, J.P., Leventhal, Cohen and Maltese, JJ., concur.
Cases cited
- People v. Francis 137 AD3d 91 p. 678