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People v. Vargas

137 A.D.3d 669 Court N.Y. App. Div. Decision date 2016-03-29 English

Judges Concur—Friedman, J.R, Andrias, Saxe and Richter, JJ.

Contents

Majority

p. 669
The People of the State of New York, Respondent, v Gilberto Vargas, Appellant.
[27 NYS3d 375]

Order, Supreme

p. 670
Court, New York County (Marcy L. Kahn, J.), entered on or about October 24, 2014, which adjudicated defendant a level one sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly designated defendant a sexually violent offender because he was convicted of an enumerated sexually violent offense, and the court lacked discretion to do otherwise (see People v Bullock, 125 AD3d 1 [1st Dept 2014], lv denied 24 NY3d 915 [2015]).

Concur—Friedman, J.R, Andrias, Saxe and Richter, JJ.

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