PEOPLE v. SOMERS

NO. 181, 16-00783

147 A.D.3d 1520 (2017)

46 N.Y.S.3d 471

2017 NY Slip Op 01095

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYLE SOMERS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.


Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered October 15, 2015. The judgment convicted defendant, upon his plea of guilty, of unlawful surveillance in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful surveillance in the second degree (see Penal Law § 250.45 [2]). Contrary to defendant's contention, Supreme Court did not abuse its discretion in determining, after consideration of "the nature and circumstances of the crime and ... the history and character of the defendant, ... that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate" (Correction Law § 168-a [2] [e]; see People v Marke, 144 A.D.3d 651, 652 [2016]; People v Simmons, 129 A.D.3d 520, 521 [2015], lv denied 26 N.Y.3d 903 [2015]).


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