Opinion
14084 Ind. No. 299/14 Case No. 2018-1046
06-17-2021
The PEOPLE of the State of New York, Respondent, v. Ramon ACEVEDO, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York ( Paul Wiener of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx ( Robert Myers of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York ( Paul Wiener of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx ( Robert Myers of counsel), for respondent.
Manzanet–Daniels, J.P., Kapnick, Gonza´lez, Shulman, JJ.
Appeal from order, Supreme Court, Bronx County (Marc J. Whiten, J.), entered on or about December 22, 2016, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously dismissed, without costs.
Because defendant has absconded from parole supervision, he has forfeited his right to appeal. Although a SORA appeal is a civil appeal, the fugitive disentitlement doctrine remains applicable ( People v. Rodriguez, 67 A.D.3d 596, 596, 889 N.Y.S.2d 176 [1st Dept. 2009], lv denied 14 N.Y.3d 706, 2010 WL 1235656 [2010] ; Wechsler v. Wechsler, 45 A.D.3d 470, 472, 847 N.Y.S.2d 26 [1st Dept. 2007] ).
In any event, we conclude that defendant was properly adjudicated a level three offender. The court's point assessment for the relationship (strangers) between defendant and the victim was supported by reliable evidence, including defendant's own statement to the police, and there was no basis for a downward departure in light of the egregious circumstances of the underlying crime.