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People v. Ortiz

Supreme Court of New York, Second Department

February 13, 2014

People of State of New York, respondent,
v.
David Ortiz, Jr., appellant., appellant.

Del Atwell, East Hampton, N.Y., for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SHERI S. ROMAN, JJ.

DECISION & ORDER

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 article 6-C) is unpreserved for appellate review (see People v Windham, 37 A.D.3d 571, affd 10 N.Y.3d 801). 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 A.D.3d 171).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.


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