Opinion
2018–13692
09-02-2020
PEOPLE of State of New York, respondent, v. Gouchand RAMROOP, appellant.
Janet E. Sabel, New York, N.Y. (Steven J. Miraglia of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Victoria Randall on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Steven J. Miraglia of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Victoria Randall on the brief), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Queens County (Richard Buchter, J.), dated October 11, 2018, 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.
Following a hearing to determine the defendant's risk level pursuant to the Sex Offender Registration Act (Correction Law art 6–C; hereinafter SORA), the Supreme Court assessed 60 points, including 15 points for not accepting responsibility, against the defendant. The court designated the defendant a level one sex offender. The defendant appeals, arguing that the court should not have assessed points against him for not accepting responsibility.
The issue the defendant raises is academic under these circumstances since he will remain a level one sex offender even if he should have received a lower numerical score under the SORA guidelines (see People v. Avalo, 186 A.D.3d 754, 127 N.Y.S.3d 337, 2020 N.Y. Slip Op. 04599 [2d Dept.] ; People v. Belter, 84 A.D.3d 905, 906, 921 N.Y.S.2d 885 ; see also People v. Hannah, 170 A.D.3d 1053, 1054, 94 N.Y.S.3d 444 ; People v. Johnson, 168 A.D.3d 1110, 91 N.Y.S.3d 486 ; People v. Pratt, 121 A.D.3d 462, 463, 994 N.Y.S.2d 95 ).
MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.