| People v Magliocco |
| 2012 NY Slip Op 09206 [101 AD3d 1724] |
| December 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jon T. Magliocco,Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a resentence of the Genesee County Court (Robert C. Noonan, J.), rendered January6, 2011. The resentence certified defendant as a sex offender.
It is hereby ordered that the resentence so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a resentence certifying him as a sex offender pursuant toCorrection Law § 168-d based on his conviction, upon his plea of guilty, of unlawful surveillancein the second degree (Penal Law § 250.45 [3]). In his brief, defendant contends that beingcertified as a sex offender is akin to receiving an enhanced sentence and thus that County Court erred inimposing that enhanced sentence without affording him the opportunity to withdraw his guilty plea. Wereject that contention. The court was not required to address the Sex Offender Registration Actconsequences that flowed from defendant's conviction during the plea allocution because they are"collateral rather than direct consequences of a guilty plea" (People v Gravino, 14 NY3d 546, 550 [2010]), and defendant's claimedlack of awareness of those consequences did not affect the voluntariness of his guilty plea (seeid.). Also, the court was not required to conduct a fact-finding hearing before certifying defendantas a sex offender because defendant was not convicted of an offense listed in Correction Law §168-d (1) (b) or (c) (see Gravino, 14 NY3d at 557 n 5).
Contrary to the further contention of defendant, the court properly concluded, "after considering'the nature and circumstances of the crime and . . . the history and character of thedefendant, . . . that [his] registration [as a sex offender] would [not] be unduly harsh andinappropriate' " (People v Allen, 64AD3d 1190, 1191 [2009], lv denied 13 NY3d 794 [2009], quoting Correction Law§ 168-a [2] [e]). Present—Scudder, PJ, Centra, Valentino, Whaled and Mastiche, JJ.