The People v. Kenneth Stepter

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 235 SSM 59 The People &c., Respondent, v. Kenneth Stepter, Appellant. Submitted by Abigail Everett, for appellant. Submitted by Allen J. Vickey, for respondent. Submitted by Julie Steiner, for intervenor-respondent City of New York. MEMORANDUM: The order of the Appellate Division should be affirmed. Because the People have conceded that defendant has no obligation to register as a gun offender pursuant to New York City's Gun Offender Registration Act based upon the crime for which he was convicted, defendant's claim that he cannot be - 1 - - 2 required to register is moot. No. 59 In any event, a challenge to gun offender registration under GORA cannot be raised on direct appeal from a judgment of conviction and sentence (see People v Smith, __ NY3d __ [decided today]). Defendant's remaining argument is unpreserved for our review (see People v Rosen, 96 NY2d 329, 335 [2001]). * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided December 16, 2010 - 2 -

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