People v. Pineiro

People v Pineiro (2019 NY Slip Op 03738) People v Pineiro 2019 NY Slip Op 03738 Decided on May 14, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on May 14, 2019 Richter, J.P., Manzanet-Daniels, Webber, Kern, JJ. 9310 3287/14 [*1]The People of the State of New York, Respondent, v Jose Pineiro, Defendant-Appellant. Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent. Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about March 5, 2018, 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 it lacked discretion to refrain from doing so (see People v Bullock, 125 AD3d 1 [1st Dept 2014], lv denied 24 NY3d 915 [2015]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: MAY 14, 2019 CLERK