Summary
In Simmons we addressed and rejected an argument, also raised before and rejected by the SORA court, that the defendant should be exempted from sex offender registration pursuant to Correction Law § 168–a(2)(e).
Summary of this case from People v. LemaOpinion
15415, 870/12
06-16-2015
The PEOPLE of the State of New York, Respondent, v. Shaun SIMMONS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Opinion Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about December 18, 2013, 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 court properly exercised its discretion in denying defendant's request for an exemption from sex offender registration for his conviction of unlawful surveillance under Penal Law § 250.45(3). Although an exemption for such a conviction may be available if “registration would be unduly harsh and inappropriate” (Correction Law § 168–a[2][e] ), defendant has not made such a showing. The circumstances of the surveillance were repulsive, and they raise concerns about defendant's character and potential for recidivism. Furthermore, he has an extensive criminal record including crimes of violence.
MAZZARELLI, J.P., SWEENY, ANDRIAS, SAXE, RICHTER, JJ., concur.