← Cases

People v. Delgado

143 A.D.3d 550 Court N.Y. App. Div. Decision date 2016-10-18 English

Judges Concur — Friedman, J.P., Andrias, Saxe, Fein-man and Kahn, JJ.

Contents

Majority

p. 550
The People of the State of New York, Respondent, v Alberto Delgado, Appellant.
[38 NYS3d 890]

Order, Supreme

p. 551
Court, New York County (Patricia Nunez, J.), entered November 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 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]). We decline to revisit our holding in Bullock.

Defendant’s due process argument is unpreserved and without merit.

Concur — Friedman, J.P., Andrias, Saxe, Fein-man and Kahn, JJ.

Cases cited