People v. Ha

Appellate Division of the Supreme Court of New York

People v. Ha

136 A.D.3d 535, 24 N.Y.S.3d 515

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 2016·No. 255 99032/14·Published

Opinion

— Order, Supreme Court, Bronx County (Seth L. Martin, J.), entered on or about June 18, 2014, 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.

Since it is undisputed that defendant was convicted of an offense under the Uniform Code of Military Justice that is the equivalent of an enumerated sexually violent offense, the court was required to designate him a sexually violent offender (see People v Bullock, 125 AD3d 1 [1st Dept 20c4], lv denied 24 NY3d 915 [2015]). We decline to revisit our holding in Bullock.

Concur — Mazzarelli, J.P, Friedman, Sweeny and ManzanetDaniels, JJ.

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— Order, Supreme Court, Bronx County (Seth L. Martin, J.), entered on or about June 18, 2014, 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.

Since it is undisputed that defendant was convicted of an offense under the Uniform Code of Military Justice that is the equivalent of an enumerated sexually violent offense, the court was required to designate him a sexually violent offender (see People v Bullock, 125 AD3d 1 [1st Dept 20c4], lv denied 24 NY3d 915 [2015]). We decline to revisit our holding in Bullock.

Concur — Mazzarelli, J.P, Friedman, Sweeny and ManzanetDaniels, JJ.

People v. Ha, 136 A.D.3d 535, 24 N.Y.S.3d 515 (N.Y. Ct. App. 2016).

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Opinion

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