Opinion
15487 Ind. No. 1454/06 Case No. 2017–2161
03-10-2022
The PEOPLE of the State of New York, Respondent, v. Albert COTTO, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Gonza´lez, Shulman, Rodriguez, JJ.
Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about February 25, 2016, which adjudicated defendant a level three sexually violent predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court providently exercised its discretion in declining to to defer defendant's SORA adjudication pending the outcome of an article 10 civil commitment proceeding (see e.g. People v. Thomas, 179 A.D.3d 444, 445, 113 N.Y.S.3d 543 [1st Dept. 2020], lv denied 35 N.Y.3d 908, 2020 WL 3424814 [2020] ; People v. Powell, 170 A.D.3d 413, 93 N.Y.S.3d 566 [1st Dept. 2019], lv. denied 33 N.Y.3d 908, 2019 WL 2461460 [2019] ; see also People v. Gordon, 147 A.D.3d 988, 48 N.Y.S.3d 195 [2d Dept. 2017], lv denied 29 N.Y.3d 910, 2017 WL 2434734 [2017] ). The timing of the adjudication was consistent with Correction Law § 168–n and the requirements of due process. We find no basis to distinguish this case from our repeated past holdings regarding such exercises of discretion. We have considered and rejected defendant's remaining arguments.