Opinion
2020–06434
03-30-2022
PEOPLE of State of New York, respondent, v. Marcus BROWN, appellant.
Patricia Pazner, New York, NY (Ava C. Page of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Brannigan, and Hannah X. Scotti of counsel; Robert Walder on the brief), for respondent.
Patricia Pazner, New York, NY (Ava C. Page of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Brannigan, and Hannah X. Scotti of counsel; Robert Walder on the brief), for respondent.
BETSY BARROS, J.P., REINALDO E. RIVERA, PAUL WOOTEN, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Queens County (Charles S. Lopresto, J.), dated June 9, 2020, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
In 2014, the defendant was convicted, upon his plea of guilty, inter alia, of unlawful imprisonment in the first degree ( Penal Law § 135.10 ) in connection with an armed robbery and burglary of a home. During the incident, a mother and a 10–year–old child were restrained. After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C; hereinafter SORA), the Supreme Court designated the defendant a level one sex offender (see id. § 168–a[2][a][i]). The defendant's contention that SORA is unconstitutional as applied to him is without merit (see People v. Knox, 12 N.Y.3d 60, 875 N.Y.S.2d 828, 903 N.E.2d 1149 ; People v. Marshall, 195 A.D.3d 961, 146 N.Y.S.3d 527 ; 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, 14, 835 N.Y.S.2d 241 ).
BARROS, J.P., RIVERA, WOOTEN and FORD, JJ., concur.