People v. Simmons

129 A.D.3d 520, 10 N.Y.S.3d 426

Opinion

Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or about December 18, 2013, which adjudicated defendant a level one sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant’s request for an exemption from sex offender registration for his conviction of unlawful surveillance under Penal Law § 250.45 (3). Although an exemption for such a conviction may be available if “registration would be unduly harsh and inappropriate” (Correction Law § 168-a [2] [e]), defendant has not made such a showing. The circumstances of the surveillance were repulsive, and they raise concerns about defendant’s character and potential for recidivism. Furthermore, he has an extensive criminal record including crimes of violence.

Concur — Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter, JJ.