People v. Perry

123 A.D.3d 528, 997 N.Y.S.2d 75

Opinion

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 23, 2013, which adjudicated defendant a level three sexual offender and sexual predator pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 20 points for sexual misconduct while confined, based on defendant’s prison disciplinary record. Defendant’s argument that points should not be assessed for consensual sexual activity that would be lawful outside of prison is similar to arguments this Court has previously rejected (People v Perez, 104 AD3d 403 [1st Dept 2013], lv denied 21 NY3d 858 [2013]; People v Salley, 67 AD3d 525 [1st Dept 2009], lv denied 14 NY3d 703 [2010]), and we find no reason to reach a different conclusion.

Concur — Sweeny, J.P., Renwick, DeGrasse, Clark and Kapnick, JJ.