Opinion
No. 570613/18
11-27-2023
The People of the State of New York, Respondent, v. Stephen Francis, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Steven M. Statsinger, J.), dated August 9, 2018, which, after a hearing, designated him a level two sex offender under the Sex Offender Registration Act (Correction Law Art. 6-C).
PRESENT: Hagler, P.J., Tisch, J.
PER CURIAM.
Order (Steven M. Statsinger, J.), dated August 9, 2018, affirmed.
The record supports the level two sex offender adjudication. The SORA court properly assessed 10 points under risk factor 12. Defendant did not show a genuine acceptance of responsibility (see People v Williams, 192 A.D.3d 461, 462 [2021], lv denied 37 N.Y.3d 907 [2021]). Nor does the record establish that these points were assessed in violation of defendant's Fifth Amendment right against self-incrimination. Defendant did not have a pending direct appeal at the time of his SORA hearing (see People v Rivera, 212 A.D.3d 483, 484 [2023], lv denied 39 N.Y.3d 912 [2023]; compare People v Krull, 208 A.D.3d 163, 171-172 [2022], lv denied 39 N.Y.3d 1093 [2023]), and, in fact, had not even filed a timely notice of appeal from the underlying conviction.