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People v. Brown

Supreme Court, Appellate Division, Second Department, New York.
Mar 30, 2022
203 A.D.3d 1183 (N.Y. App. Div. 2022)

Opinion

2020–06434

03-30-2022

PEOPLE of State of New York, respondent, v. Marcus BROWN, appellant.

Patricia Pazner, New York, NY (Ava C. Page of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Brannigan, and Hannah X. Scotti of counsel; Robert Walder on the brief), for respondent.


Patricia Pazner, New York, NY (Ava C. Page of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Brannigan, and Hannah X. Scotti of counsel; Robert Walder on the brief), for respondent.

BETSY BARROS, J.P., REINALDO E. RIVERA, PAUL WOOTEN, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Charles S. Lopresto, J.), dated June 9, 2020, which, after a hearing, designated him a level one sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

In 2014, the defendant was convicted, upon his plea of guilty, inter alia, of unlawful imprisonment in the first degree ( Penal Law § 135.10 ) in connection with an armed robbery and burglary of a home. During the incident, a mother and a 10–year–old child were restrained. After a hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C; hereinafter SORA), the Supreme Court designated the defendant a level one sex offender (see id. § 168–a[2][a][i]). The defendant's contention that SORA is unconstitutional as applied to him is without merit (see People v. Knox, 12 N.Y.3d 60, 875 N.Y.S.2d 828, 903 N.E.2d 1149 ; People v. Marshall, 195 A.D.3d 961, 146 N.Y.S.3d 527 ; People v. Douglas, 189 A.D.3d 1276, 1277, 134 N.Y.S.3d 208 ; People v. Suarez, 147 A.D.3d 802, 45 N.Y.S.3d 801 ; People v. Edney, 143 A.D.3d 793, 38 N.Y.S.3d 817 ; People v. Taylor, 42 A.D.3d 13, 14, 835 N.Y.S.2d 241 ).

BARROS, J.P., RIVERA, WOOTEN and FORD, JJ., concur.


Summaries of

People v. Brown

Supreme Court, Appellate Division, Second Department, New York.
Mar 30, 2022
203 A.D.3d 1183 (N.Y. App. Div. 2022)
Case details for

People v. Brown

Case Details

Full title:PEOPLE of State of New York, respondent, v. Marcus BROWN, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 30, 2022

Citations

203 A.D.3d 1183 (N.Y. App. Div. 2022)
203 A.D.3d 1183

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