People v. Ortega

137 A.D.3d 630, 26 N.Y.S.3d 852

Opinion

Order, Supreme Court, Bronx County (John W. Carter, J.), entered or about May 5, 2015, 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 AD3d 1 [1st Dept 2014], lv denied 24 NY3d 915 [2015]). We decline to revisit our holding in Bullock. Defendant’s due process arguments are similarly unpreserved and unavailing.

Concur— Tom, J.P., Friedman, Saxe and Gische, JJ.