Constitutional Law · MBE-tested
The People of the State of New York, Respondent, v. Adamou Arbi, Appellant
143 A.D.3d 42338 N.Y.S.3d 417·New York Supreme Court, Appellate Division·2016·NY
Concur- — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.
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Opinion
Motion to extend the time to file a pro se reply brief granted to the extent that the brief is accepted.
The People of the State of New York, Respondent, v Adamou Arbi, Appellant.
[38 NYS3d 417]
[MAJORITY]
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about August 14, 2014, 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.
The court properly designated defendant a sexually violent offender because he was convicted of an enumerated 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 argument is unpreserved and without merit.
Concur- — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.