| People v Knox |
| 2007 NY Slip Op 08289 [45 AD3d 274] |
| November 1, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JudyKnox, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Alan Gadlin of counsel), forrespondent.
Order, Supreme Court, New York County (Budd G. Goodman, J.), entered on or aboutOctober 7, 2005, which adjudicated defendant a level one sex offender under the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Defendant, who was convicted of attempted kidnapping in the second degree, wasadjudicated a sex offender pursuant to Correction Law § 168-a (2) (a) (i), which includeswithin the category of "sex offenses" certain abduction-related crimes committed against childrenby persons other than their parents. Defendant now argues that this provision is faciallyunconstitutional because it requires persons convicted of certain nonsexual crimes to register assex offenders. However, this challenge is unpreserved, in that counsel expressly disavowed anychallenge to the statute on its face, asserting only a constitutional challenge to the statute as itwas applied to defendant (see People v Stuart, 100 NY2d 412, 425-426 n 11 [2003]). Inany event, defendant's arguments are without merit. We agree with the Second Department thatthe statute is constitutional (People vTaylor, 42 AD3d 13 [2007]; see also People v Cintron, 13 Misc 3d 833 [Sup Ct, Bronx County2006]). Furthermore, the statute is constitutional as applied to defendant (see People v Cassano, 34 AD3d239 [2006], lv denied 8 NY3d 804 [2007]). Concur—Tom, J.P., Saxe,Sullivan, Gonzalez and Sweeny, JJ.