People v. Castaneda ( 2019 )

People v Castaneda (2019 NY Slip Op 04861)

People v Castaneda

2019 NY Slip Op 04861

Decided on June 14, 2019

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 14, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

1473 KA 17-00299

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

DAVID L. CASTANEDA, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Genesee County Court (Charles N. Zambito, J.), rendered February 7, 2017. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in People v Castaneda ([appeal No. 1] — AD3d — [June 14, 2019] [4th Dept 2019]).

Entered: June 14, 2019

Mark W. Bennett

Clerk of the Court