People v Morales
2007 NY Slip Op 07313 [44 AD3d 304]
October 2, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Isaac Morales, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Order, Supreme Court, New York County (James A. Yates, J.), entered on or about August 6, 2006, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the assessment of points under the category of failure to accept responsibility (see People v Mitchell, 300 AD2d 377, 378 [2002], lv denied 99 NY2d 510 [2003]). Defendant's other challenges to the adjudication are improperly raised for the first time on appeal (CPLR 4017, 5501 [a] [3]; Correction Law § 168-n [3]; People v Cassano, 34 AD3d 239 [2006], lv denied 8 NY3d 804 [2007]), and are in any event unavailing. We have considered and rejected defendant's ineffective assistance of counsel claim. Concur—Lippman, P.J., Tom, Nardelli, Gonzalez and Kavanagh, JJ.