People v. Marshall

• Decision Date: 23 June 2021
• Docket Number: 2019–07713
• Citation: People v. Marshall, 195 A.D.3d 961, 146 N.Y.S.3d 527(Mem) (N.Y. App. Div. 2021)
• Parties: PEOPLE of State of New York, respondent, v. Chantia MARSHALL, appellant.
• Court: New York Supreme Court — Appellate Division

195 A.D.3d 961

146 N.Y.S.3d 527 (Mem)

PEOPLE of State of New York, respondent,

v.Chantia MARSHALL, appellant.

2019–07713

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 20, 2021

June 23, 2021

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, N.Y. (Carrie A. Ciganek and Jacob B. Sher of counsel), for respondent.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County(Larry J. Schwartz, J.), dated May 10, 2019, which, after a hearing, designated her a level one sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

The defendant was convicted, upon her plea of guilty, of kidnapping in the second degree (seePenal Law § 135.20 ).The victim was less than 17 years of age and the defendant was not her parent.In this proceeding pursuant to the Sex Offender Registration Act(Correction Law art 6–C; hereinafter SORA), the County Court, after a hearing, designated the defendant a level one sex offender (seeCorrection Law § 168–a[2][a][i];People v. Williams,186 A.D.3d 1545, 1545–1546, 130 N.Y.S.3d 503;People v. Gordon,133 A.D.3d 835, 836, 20 N.Y.S.3d 165 ).

The defendant's contention on appeal that SORA is unconstitutional as applied to her is without merit (seePeople v. Knox,12 N.Y.3d 60, 875 N.Y.S.2d 828, 903 N.E.2d 1149;People v. Douglas,189 A.D.3d 1276, 1277, 134 N.Y.S.3d 208;People v. Suarez,147 A.D.3d 802, 45 N.Y.S.3d 801;People v. Edney,143 A.D.3d 793, 38 N.Y.S.3d 817;People v. Taylor,42 A.D.3d 13, 835 N.Y.S.2d 241 ).

MASTRO, J.P., AUSTIN, HINDS–RADIX and CONNOLLY, JJ., concur.