Opinion
Ind No. 70712-22 No. 3013 No. 2022-05128
11-14-2024
The People of the State of New York, Respondent, v. Alexander Carno, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Jane Merrill of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Jane Merrill of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Before: Webber, J.P., Singh, Gesmer, González, Scarpulla, JJ.
Order, Supreme Court, New York County (Charlotte E. Davidson, J.), entered on or about October 20, 2022, which adjudicated defendant a level one sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The record establishes that the "conduct underlying" defendant's federal conviction of conspiracy to commit sex trafficking of a minor is within the scope of the New York State offense of promoting prostitution in the second degree under Penal Law § 230.30(2) (see Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 N.Y.3d 745, 753 [2007]). His foreign conviction is a registerable offense under SORA's essential elements test (see People v North, 8 N.Y.3d at 753; People v Washington, 221 A.D.3d 838, 838 [2d Dept 2023]; People v Luck, 212 A.D.3d 535, 535 [1st Dept 2023], lv denied 39 N.Y.3d 915 [2023]; People v Blue, 186 A.D.3d 1088, 1089-1090 [4th Dept 2020], lv denied 36 N.Y.3d 901 [2020]; Correction Law § 168-a[2][a][i], [2][d][i]). The fact that Penal Law § 230.30(2) was amended following his federal conviction does not change this analysis (see Corrections Law § 168-a(2)(d)(i); People v D'Amico, 212 A.D.3d 664, 665 [2d Dept 2023]; see also People ex rel. Rivera v Superintendent, Woodbourne Corr. Facility, 200 A.D.3d 1370, 1371 [3d Dept 2021] aff'd 40 N.Y.3d 307 [2023]; People v Parilla, 109 A.D.3d 20, 28 [1st Dept 2013], lv denied 21 N.Y.3d 865 [2013]).