People v Spivey

People v Spivey 2011 NY Slip Op 06945 Decided on October 4, 2011 Appellate Division, First 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 October 4, 2011
Andrias, J.P., Friedman, Renwick, Richter, Manzanet-Daniels, JJ.
5625 1937/92

[*1]The People of the State of New York, Respondent,

v

Eric Spivey, Defendant-Appellant.



 
Steven Banks, The Legal Aid Society, New York (Michael C.
Taglieri of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David C.
Bornstein of counsel), for respondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.),
entered on or about February 9, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly imposed a presumptive override to risk level three, since defendant's commission of robbery in the first degree four years after his release on parole in connection with his sex offense conviction constituted "a recent threat to reoffend by committing a sexual or violent crime" (see People v Woods, 45 AD3d 408 [2007], lv denied 10 NY3d 704 [2008]).