Constitutional Law · MBE-tested
The People of the State of New York, Respondent, v. Jose Ortega, Appellant
137 A.D.3d 63026 N.Y.S.3d 852·New York Supreme Court, Appellate Division·2016·NY
Concur— Tom, J.P., Friedman, Saxe and Gische, JJ.
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Opinion
The People of the State of New York, Respondent, v Jose Ortega, Appellant.
[26 NYS3d 852]
[MAJORITY]
Order, Supreme Court, Bronx County (John W. Carter, J.), entered or about May 5, 2015, which adjudicated defendant a level one sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Defendant’s challenge to his designation as a sexually violent offender is unpreserved and we decline to review it in the interest of justice. In any event, the court properly designated defendant a sexually violent offender because he was convicted of an enumerated sexually violent offense, and the court lacked discretion to do otherwise (see People v Bullock, 125 AD3d 1 [1st Dept 2014], lv denied 24 NY3d 915 [2015]). We decline to revisit our holding in Bullock. Defendant’s due process arguments are similarly unpreserved and unavailing.
Concur— Tom, J.P., Friedman, Saxe and Gische, JJ.