Opinion
No. 17155 SCI No. 99062/19 Case No. 2021-01431
01-24-2023
The People of the State of New York, Respondent, v. Gregory Luck, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jane Merrill of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Andrew John Loizides of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jane Merrill of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Andrew John Loizides of counsel), for respondent.
Before: Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about March 22, 2021, which adjudicated defendant a level one sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Although the elements of defendant's federal conviction of conspiracy to commit sex trafficking of a minor do not completely overlap with the elements of the New York offense of promoting prostitution in the second degree under Penal Law § 230.30(2), a review of the record establishes that his "conduct underlying the foreign conviction" was actually "within the scope of the New York offense," in light of the definition of "advance prostitution" set forth in Penal Law § 230.15(1) (Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 N.Y.3d 745, 753 [2007]; see People v Blue, 186 A.D.3d 1088, 1089-90 [4th Dept 2020], lv denied 36 N.Y.3d 901 [2020]). Therefore, the court correctly found that "the foreign conviction is a registrable offense under SORA's essential elements test" (Matter of North, 8 N.Y.3d at 753; see Correction Law §168-a[2][a][i], [2][d][i]).