Opinion
5125 Ind. 1293/07
12-05-2017
The PEOPLE of the State of New York, Respondent, v. Angel SANTIAGO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Gische, J.P., Kapnick, Oing, Moulton, JJ.
Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about January 17, 2013, 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.
Defendant's challenge to his designation as a sexually violent offender is unpreserved and we decline to review it in the interest of justice. In any event, the court properly designated defendant a sexually violent offender because he was convicted of an enumerated sexually violent offense, and the court lacked discretion to do otherwise (see People v. Bullock, 125 A.D.3d 1, 997 N.Y.S.2d 396 [1st Dept. 2014], lv denied 24 N.Y.3d 915, 4 N.Y.S.3d 601, 28 N.E.3d 37 [2015] ). We decline to revisit our prior holdings on this issue. Defendant's due process argument is similarly unpreserved and unavailing.