| People v Rosa |
| 2011 NY Slip Op 05360 [85 AD3d 587] |
| June 21, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Arnaldo Rosa, Appellant. |
—[*1]
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered June 30, 2008, asamended July 8, 2008, convicting defendant, upon his plea of guilty, of attempted criminalpossession of a weapon in the second degree, and sentencing him, as a second violent felonyoffender, to a term of five years, unanimously affirmed.
The only issue raised by defendant is his challenge to the requirement that he register underthe Gun Offender Registration Act (Administrative Code of City of NY § 10-601 etseq.) and otherwise comply with that statute. That claim is not reviewable on this appeal.Gun offender registration is not "part of defendant's sentence or subsumed within the judgment ofconviction" (People v Smith, 15NY3d 669, 673 [2010]). Notwithstanding the fact that the sentencing court directeddefendant to register, and regardless of the merits of defendant's claim that he was not convictedof a crime that subjected him to these requirements, "the registration of a gun offender is anadministrative matter between the City of New York, the NYPD, and the offender, not acomponent of a gun offender's sentence to be imposed by the sentencing court" (id.).Accordingly, we perceive no basis for distinguishing defendant's case from Smith. In anyevent, we note that defendant agreed to gun offender registration as a condition of his plea to theattempted crime. Concur—Mazzarelli, J.P., Andrias, Moskowitz, Richter andAbdus-Salaam, JJ.