February 17, 2009
THE PEOPLE & C., RESPONDENT,
DWAYNE MIDDLETON, APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The order of the Appellate Division should be affirmed without costs.
Defendant's constitutional arguments are unpreserved. The record supports the determination of the courts below that defendant is a level 3 sex offender.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, without costs, in a memorandum. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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