Opinion
7463 Ind. 99006/17
10-25-2018
The PEOPLE of the State of New York, Respondent, v. Aquiles GUZMAN, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Friedman, J.P., Kapnick, Webber, Oing, Moulton, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about March 10, 2017, 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.
Although the People failed to provide written notice, 10 days in advance of the proceeding, of their intention to seek a sexually violent offender designation, which the Board of Examiners of Sex Offenders had omitted from its recommendation, the court provided an appropriate remedy by adjourning the proceedings (see Correction Law §§ 168–k[2], 168–n[3] ; People v. Lucas, 118 A.D.3d 415, 986 N.Y.S.2d 479 [1st Dept. 2014] ). Defendant does not dispute that his out-of-state conviction automatically qualified as an enumerated sexually violent offense, "leaving nothing to litigate in this regard" ( People v. Bryant, 147 A.D.3d 412, 412, 45 N.Y.S.3d 788 [1st Dept. 2017], lv denied 29 N.Y.3d 910, 2017 WL 2434637 [2017] ; see also People v. McLean, 144 A.D.3d 423, 40 N.Y.S.3d 394 [1st Dept. 2016] ). Moreover, defense counsel acknowledged that the adjournment gave her adequate time to prepare and stated that she did not seek to challenge the merits of defendant's sexually violent offender designation.
Defendant notes that the adjournment required him to take time to make an additional appearance in court. However, under these circumstances, we do not find that requirement so burdensome or prejudicial that defendant "should receive undeserved relief from his legally mandated sexually violent offender status" ( Bryant, 147 A.D.3d at 412, 45 N.Y.S.3d 788 ).