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Appellate Term, First Department: October 31, 2024

Decision & Orders and Orders on motions filed on:October 29, 2024

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Decision & Orders released on: October 29, 2024 By: Tisch, J.P., James, Perez, JJ.

21-013. THE PEOPLE OF THE STATE OF NEW YORK, res v. JONATHAN BALMOS, def-app — Order (Keshia J. Espinal, J.), entered December 20, 2019, affirmed. Defendant was properly adjudicated a level two sex offender. The court’s assessment of 10 points under the risk factor for inappropriate living situation was supported by clear and convincing evidence. Defendant had no permanent address, no history of employment, stated that he had no family contacts and did not participate in community programs, and provided conflicting accounts in various Criminal Justice Agency Reports (CJA) regarding whether he had been homeless for six years or fifteen years, making it difficult to locate him if he were to reoffend (see People v. Alemany, 13 NY3d 424, 430 [2009]; People v. Ayala, 220 AD3d 516 [2023], lv denied 41 NY3d 907 [2024]). Defendant’s contention that the court violated his constitutional right to due process by holding the SORA hearing in his absence is unpreserved (see e.g. People v. Rosales, 133 AD3d 733 [2015], lv denied 26 NY3d 919 [2016]; People v. Brown, 122 AD3d 536 [2014], lv denied 24 NY3d 915 [2015]), and we decline to review it in the interest of justice. Were we to review this contention, we would reject it. The record establishes that defendant received oral and written warnings stating that if he failed to appear, the SORA hearing would be held without him (see Correction Law §168-n[6]; People v. Reid, 49 AD3d 338, 339 [2008], lv denied 10 NY3d 713 [2008]). All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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