People v. Perez, 2012–09335
| Decision Date | 27 June 2018 |
| Docket Number | 2012–09335 |
| Citation | 162 A.D.3d 1083,80 N.Y.S.3d 121 |
| Parties | PEOPLE of State of New York, respondent, v. Jose PEREZ, appellant. |
| Court | New York Supreme Court — Appellate Division |
162 A.D.3d 1083
80 N.Y.S.3d 121
PEOPLE of State of New York, respondent,
v.
Jose PEREZ, appellant.
2012–09335
Supreme Court, Appellate Division, Second Department, New York.
Submitted—February 16, 2018
June 27, 2018
Seymour W. James, Jr., New York, N.Y. (Harold V. Ferguson of counsel; John McKay on the brief), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Bruce M. Balter, J.), dated October 12, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant was designated a level two sex offender pursuant to the Sex Offender Registration Act (hereinafter SORA; see Correction Law art 6–C). The defendant contends that the Supreme Court erred when it assessed him 30 points under risk factor 9 of the risk assessment instrument based on a prior conviction of lewdness in New Jersey (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 13 [2006; hereinafter Guidelines] ).
Risk factor 9 is titled "Number and Nature of Prior Crimes" (Guidelines at 13). The Guidelines state that "[a]n offender's prior criminal history is significantly related to his likelihood of sexual recidivism, particularly when his past includes violent crimes or sex offenses" (id. ). Risk factor 9 therefore "incorporates this research by assessing an offender 30 points if he has a prior conviction or adjudication for a Class A felony of Murder, Kidnaping, or Arson, a violent felony, a misdemeanor sex crime, or endangering the welfare of a child, or any adjudication for a sex offense" (id. ).
Here, the Supreme Court properly assessed the defendant 30 points for his prior New Jersey conviction of lewdness. The...
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People v. Perez
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