People v. Simmons

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about June 24, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant’s challenges to his adjudication are unpreserved, and we decline to review them in the interest of justice. In any event, we find that the court properly applied the presumptive override for causing the death of a victim, “which results in a level three adjudication independent of any point assessments” (People…