People v. Somers

Appellate Division of the Supreme Court of New York

People v. Somers

147 A.D.3d 1520, 46 N.Y.S.3d 471

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

DecidedFebruary 10, 2017

StatusPublished

This text of 147 A.D.3d 1520 (People v. Somers) 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. Somers, 147 A.D.3d 1520, 46 N.Y.S.3d 471 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered October 15, 2015. The judgment convicted defendant, upon his plea of guilty, of unlawful surveillance in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1521]*1521Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful surveillance in the second degree (see Penal Law § 250.45 [2]). Contrary to defendant’s contention, Supreme Court did not abuse its discretion in determining, after consideration of “the nature and circumstances of the crime and . . . the history and character of the defendant, . . . that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate” (Correction Law § 168-a [2] [e]; see People v Marke, 144 AD3d 651, 652 [2016]; People v Simmons, 129 AD3d 520, 521 [2015], lv denied 26 NY3d 903 [2015]).

Present — Whalen, P.J., Centra, DeJoseph, NeMoyer and Troutman, JJ.

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Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered October 15, 2015. The judgment convicted defendant, upon his plea of guilty, of unlawful surveillance in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

[1521]*1521Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful surveillance in the second degree (see Penal Law § 250.45 [2]). Contrary to defendant’s contention, Supreme Court did not abuse its discretion in determining, after consideration of “the nature and circumstances of the crime and . . . the history and character of the defendant, . . . that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate” (Correction Law § 168-a [2] [e]; see People v Marke, 144 AD3d 651, 652 [2016]; People v Simmons, 129 AD3d 520, 521 [2015], lv denied 26 NY3d 903 [2015]).

Present — Whalen, P.J., Centra, DeJoseph, NeMoyer and Troutman, JJ.

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Bluebook (online)

147 A.D.3d 1520, 46 N.Y.S.3d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-somers-nyappdiv-2017.

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