| People v Lumpkin |
| 2019 NY Slip Op 00628 [168 AD3d 1111] |
| January 30, 2019 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of State of New York, Respondent, v Todd Lumpkin, Also Known as Todd Lumpkins, Appellant. |
Paul Skip Laisure, New York, NY (Meredith S. Holt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jill A. Gross-Marks of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Queens County (John B. Latella, J.), dated February 4, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Correction Law § 168-l (8) provides that a failure by a state or local agency to act or by a court to render a determination within the time period specified by the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) shall not affect the obligation of a sex offender to register or verify under SORA, nor shall such failure prevent a court from making a determination regarding the sex offender's risk level.
Contrary to the defendant's contention, the delay in holding a hearing to determine his risk level pursuant to SORA was not so " 'outrageously arbitrary' " as to constitute a gross abuse of governmental authority (People v Sprinkler, 162 AD3d 802, 802 [2018], quoting People v Gonzalez, 138 AD3d 814, 815 [2016]; see People v Gallagher, 129 AD3d 1252, 1253 [2015]; People v Wilkes, 53 AD3d 1073, 1074 [2008]; cf. People v Gregory, 71 AD3d 1559, 1560 [2010]).
The defendant's remaining contentions are without merit. Scheinkman, P.J., Dillon, LaSalle and Brathwaite Nelson, JJ., concur.