People v Golliver

People v Golliver 2012 NY Slip Op 05620 Decided on July 18, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 18, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
2010-09464

[*1]People of State of New York, respondent,

v

George Golliver, appellant. Del Atwell, East Hampton, N.Y., for appellant.




Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh
of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated September 7, 2010, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, the Supreme Court properly concluded that the Michigan crime of criminal sexual conduct in the second degree (see Michigan Comp Law § 750.520c[1][f]), of which he was previously convicted, includes all the essential elements of the New York crime of sexual abuse in the first degree for the purpose of determining whether the defendant was a sexually violent offender (see Correction Law § 168-a[3][b]; Penal Law § 130.65[1]; see also Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 NY3d 745, 751). Since the New York crime of sexual abuse in the first degree, as defined in Penal Law § 130.65(1), is deemed a "sexually violent offen[se]" for purposes of the Sex Offender Registration Act (Correction Law art 6-C), the Supreme Court properly classified the defendant as a level two sexually violent offender (Correction Law § 168-a[3][a]; see People v Whibby, 50 AD3d 873).

The defendant's remaining contentions are without merit.
FLORIO, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court