People v. Horne

Appellate Division of the Supreme Court of New York

People v. Horne

61 A.D.3d 945, 876 N.Y.S.2d 898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 2009

StatusPublished

Cited by1 cases

This text of 61 A.D.3d 945 (People v. Horne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Horne, 61 A.D.3d 945, 876 N.Y.S.2d 898 (N.Y. Ct. App. 2009).

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Opinion

Appeal by the defendant from an order of the County Court, Westchester County (Loehr, J.), dated July 10, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant was designated a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C) based on an override for a prior conviction for a felony sex crime—promoting a sexual performance by a child. The defendant’s contention that the override was improperly applied because that offense is not a “sex crime” is without merit. In relevant part, Correction Law § 168-a (2) defines a “sex offense” to include any offense under article 263 of the Penal Law. Promoting a sexual performance by a child is an offense under Penal Law § 263.15 (see People v Johnson, 11 NY3d 416 [2008]). Thus, the defendant was properly designated a level three sex offender. Rivera, J.P., Balkin, Leventhal and Lott, JJ., concur.

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Appeal by the defendant from an order of the County Court, Westchester County (Loehr, J.), dated July 10, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant was designated a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C) based on an override for a prior conviction for a felony sex crime—promoting a sexual performance by a child. The defendant’s contention that the override was improperly applied because that offense is not a “sex crime” is without merit. In relevant part, Correction Law § 168-a (2) defines a “sex offense” to include any offense under article 263 of the Penal Law. Promoting a sexual performance by a child is an offense under Penal Law § 263.15 (see People v Johnson, 11 NY3d 416 [2008]). Thus, the defendant was properly designated a level three sex offender. Rivera, J.P., Balkin, Leventhal and Lott, JJ., concur.

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Bluebook (online)

61 A.D.3d 945, 876 N.Y.S.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horne-nyappdiv-2009.

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