Opinion
7337 Ind. 4683/12
10-16-2018
The PEOPLE of the State of New York, Respondent, v. Roger CISNEROS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.
Renwick, J.P., Tom, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about October 2, 2015, which adjudicated defendant a level two sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court properly designated defendant a sexually violent offender because he was convicted of an enumerated offense, and it lacked discretion to do otherwise (see People v. Bullock, 125 A.D.3d 1, 997 N.Y.S.2d 396 [1st Dept. 2014]lv denied 24 N.Y.3d 915, 2015 WL 649330 [2015] ). Defendant was denied youthful offender treatment, and is thus considered an adult for purposes of both the Penal Law and the Sex Offender Registration Act. We have considered and rejected defendant's constitutional arguments, including his claim that, because of his age at the time of the crime, he is constitutionally entitled to relief from the designation at issue (see People v. Ortiz, 160 A.D.3d 442, 443, 74 N.Y.S.3d 34 [1st Dept. 2018], lv denied 31 N.Y.3d 913, 2018 WL 3152560 [2018] ; see also People v. Delacruz, 161 A.D.3d 519, 73 N.Y.S.3d 748 [1st Dept. 2018] ).