Majority
p. 520The People of the State of New York, Respondent, v Shaun Simmons, Appellant. [10 NYS3d 426]
Order, Supreme
p. 521
Court, New York County (Richard D. Carruthers, J.), entered on or about December 18, 2013, which adjudicated defendant a level one sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly exercised its discretion in denying defendant’s request for an exemption from sex offender registration for his conviction of unlawful surveillance under Penal Law § 250.45 (3). Although an exemption for such a conviction may be available if “registration would be unduly harsh and inappropriate” (Correction Law § 168-a [2] [e]), defendant has not made such a showing. The circumstances of the surveillance were repulsive, and they raise concerns about defendant’s character and potential for recidivism. Furthermore, he has an extensive criminal record including crimes of violence.
Concur — Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter, JJ.