Opinion
02-10-2017
The PEOPLE of the State of New York, Respondent, v. Lyle SOMERS, Defendant–Appellant.
J. Scott Porter, Seneca Falls, for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
J. Scott Porter, Seneca Falls, for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful surveillance in the second degree (see Penal Law § 250.45[2] ). Contrary to defendant's contention, Supreme Court did not abuse its discretion in determining, after consideration of "the nature and circumstances of the crime and ... the history and character of the defendant, ... that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate" (Correction Law § 168–a[2][e] ; see People v. Marke, 144 A.D.3d 651, 652, 39 N.Y.S.3d 834 ; People v. Simmons, 129 A.D.3d 520, 521, 10 N.Y.S.3d 426, lv. denied 26 N.Y.3d 903, 2015 WL 5154920 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.