| People v Callanan |
| 2021 NY Slip Op 04041 |
| Decided on June 23, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 23, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
2018-00337
v
Kathleen Callanan, appellant.
Steven A. Feldman, Manhasset, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Dutchess County (Peter M. Forman, J.), dated November 17, 2017, which, without a hearing, designated her a level two sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the record reflects that she knowingly, intelligently, and voluntarily waived her right to a hearing to determine her risk level under the Sex Offender Registration Act (Correction Law art 6-c; hereinafter SORA; see People v Roache, 110 AD3d 776, 777; People v Gliatta, 27 AD3d 441), despite her history of mental illness (cf. People v Harris, 166 AD3d 801; People v Narbonne, 131 AD3d 626, 627; People v M'Lady, 59 AD3d 568). In particular, the defendant was expressly advised of her right to a hearing by the SORA court, the court inquired as to her understanding of and satisfaction with the proceedings as well as her willingness to waive her right to a hearing, and the defendant's responses and behavior were confirmative and appropriate (cf. People v Harris, 166 AD3d at 801; People v Narbonne, 131 AD3d at 627; People v M'Lady, 59 AD3d at 568).
Accordingly, we affirm the order designating the defendant a level two sex offender.
RIVERA, J.P., HINDS-RADIX, CONNOLLY and IANNACCI, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court