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PEOPLE, res, v. KEVIN GOLDBECK, def-ap

9600. PEOPLE, res, v. KEVIN GOLDBECK, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Rebekah J. Pazmi3313 241 12o of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for res — Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about December 5, 2008, 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.

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9600. PEOPLE, res, v. KEVIN GOLDBECK, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Rebekah J. Pazmi3313 241 12o of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for res — Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about December 5, 2008, 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.

Assuming, without deciding, that the state and federal standards for effective assistance at a criminal trial apply to a sex offender adjudication (see People v. Reid, 59 AD3d 158 [1st Dept 2009], lv denied 12 NY3d 708 [2009]), we conclude that defendant received effective assistance at the classification hearing. It is clear from the record that further efforts by counsel to litigate defendant’s risk level would have been unavailing. Counsel’s alleged deficiencies did not affect the outcome or deprive defendant of a fair hearing.

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