Citation Numbers: 15 A.D.3d 929, 789 N.Y.S.2d 382, 2005 NY Slip Op 819, 2005 N.Y. App. Div. LEXIS 1001
Filed Date: 2/4/2005
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Ontario County Court (Craig J. Doran, J), entered October 7, 2003. 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 be and the same hereby is unanimously affirmed without costs.
We reject the further contention of defendant that the court erred in admitting certain documents into evidence at the SORA hearing, including statements by the victim and defendant and grand jury testimony. Defendant’s contention that the documents were not admissible because they were not authenticated is raised for the first time on appeal and thus is not preserved for our review (see People v Hobbs, 178 AD2d 1017 [1991], lv denied 79 NY2d 1002 [1992]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). We have considered the remaining contentions of defendant and conclude that they are without merit. Present — Scudder, J.P, Kehoe, Smith, Pine and Hayes, JJ.