Seymour W. James, Jr., New York, N.Y. (Richard Joselson and Michelle Fox of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Tien–Kha Tran on the brief), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 11, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant contends that he was deprived of his due process rights when the Supreme Court failed to adjourn the hearing pursuant to the Sex Offender Registration Act (Correction Law art. 6–C) in order for defense counsel to enforce a subpoena duces tecum served upon the New York State Office of Mental Health. Under the particular circumstances of this case, the defendant's contention is unpreserved for appellate
review (see CPL 470.05 2; People v. Sheppard, 132 A.D.3d 964, 18 N.Y.S.3d 347). In any event, the defendant was not deprived of due process, nor the effective assistance of counsel (see Correction Law § 168–n; Doe v. Pataki, 3 F.Supp.2d 456, 470 [S.D.N.Y.]; People v. Sheppard, 132 A.D.3d 964, 18 N.Y.S.3d 347).
Moreover, the defendant's application for a downward departure was properly denied (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Game, 131 A.D.3d 460, 460–461, 13 N.Y.S.3d 900; People v. Wyatt, 89 A.D.3d 112, 931 N.Y.S.2d 85).
MASTRO, J.P., RIVERA, LEVENTHAL and DUFFY, JJ., concur.