People v Vanderveer

People v Vanderveer 2007 NY Slip Op 01182 [37 AD3d 214] February 8, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York, Respondent,
v
Alan Vanderveer, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Richard L. Sullivan of counsel), for respondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about May 11, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court correctly assessed the points at issue under the current offense section of the risk assessment instrument because, under the particular circumstances of defendant's guilty plea in the underlying case, the disposition included additional sex crimes to which defendant had confessed, but which the People elected, as part of the disposition, not to prosecute. We have considered and rejected defendant's remaining arguments. Concur—Sullivan, J.P., Williams, Gonzalez, Sweeny and Kavanagh, JJ.