People v Jackson

2007 NY Slip Op 09889 [46 AD3d 324]

December 13, 2007

Appellate Division, First Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v Francis Jackson, Appellant.

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York City (Margaret E.Knight of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), forrespondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about August 10, 2006,which adjudicated defendant a level one sex offender under the Sex Offender Registration Act(Correction Law art 6-C), unanimously affirmed, without costs.

The provision requiring persons convicted of certain abduction-related crimes to register assex offenders is constitutional, even as applied to a person whose abduction of a child had noapparent sexual component (People vKnox, 45 AD3d 274 [2007]; People v Taylor, 42 AD3d 13 [2007], lv dismissed 9 NY3d887 [2007]). Accordingly, even if we were to assume that defendant's attempted kidnappingconviction had no sexual aspect, we would reject his claim that the statute is unconstitutional asapplied to him. In any event, this conviction was closely related to sex-related criminal activity.Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ. [See 13 Misc 3d833.]