PEOPLE v. HURST

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Because attempted burglary in the second degree is a violent felony offense as a matter of law ( see Penal Law § 70.02 [c]; People v. Wroten, 286 AD2d 189, 198, lv denied 97 NY2d 610), we conclude that County Court's designation of defendant as a level two risk is supported by clear and convincing evidence ( see generally Correction Law § 168-n). Defendant's remaining contention is not preserved for our review ( see Oram v. Capone, 206 AD2d 839, 840) and, in any event, lacks merit.