Opinion
2017-2161 Ind 1454/06
03-10-2022
The People of the State of New York, Respondent, v. Albert Cotto, Defendant-Appellant. Appeal No. 15487
Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.
Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about February 25, 2016, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court providently exercised its discretion in declining to to defer defendant's SORA adjudication pending the outcome of an article 10 civil commitment proceeding (see e.g. People v Thomas, 179 A.D.3d 444, 445 [1st Dept 2020], lv denied 35 N.Y.3d 908 [2020]; People v Powell, 170 A.D.3d 413 [1st Dept 2019], lv denied 33 N.Y.3d 908 [2019]; see also People v Gordon, 147 A.D.3d 988 [2d Dept 2017], lv denied 29 N.Y.3d 910 [2017]). The timing of the adjudication was consistent with Correction Law § 168-n and the requirements of due process. We find no basis to distinguish this case from our repeated past holdings regarding such exercises of discretion. We have considered and rejected defendant's remaining arguments.