SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 8, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MICHAEL ROTTERMAN, DEFENDANT-APPELLANT.
Appeal from an order of the Erie County Court (Kenneth F. Case, J.), entered June 3, 2011.
People v Rotterman
Appellate Division, Fourth Department
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.
Decided on June 8, 2012
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.
The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Contrary to defendant's contention, County Court complied with the statutory mandate to set forth "the findings of fact and conclusions of law on which the determination [is] based" (§ 168-n ; see People v Carter, 35 AD3d 1023, 1023-1024, lv denied 8 NY3d 810). We reject defendant's further contention that the People failed to present clear and convincing evidence to support the assessment of 30 points against him for being armed with a dangerous instrument during the commission of one of the underlying crimes. That assessment is supported by the reliable hearsay contained in the case summary and the presentence report (see People v Thompson, 66 AD3d 1455, 1456, lv denied 13 NY3d 714; see generally People v Mingo, 12 NY3d 563, 573). Defendant failed to preserve for our review his contention that a downward departure from his presumptive risk level was warranted (see People v Quinones, 91 AD3d 1302, 1303). Finally, we reject defendant's contention that he was denied effective assistance of counsel at the SORA hearing (see People v Bowles, 89 AD3d 171, 181, lv denied 18 NY3d 807).
Entered: June 8, 2012
Frances E. Cafarell Clerk of the Court
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