PEOPLE v. KHAN

14141, 5014/10.

125 A.D.3d 433 (2015)

998 N.Y.S.2d 889

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOHAMMED KHAN, Appellant.

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

Decided February 3, 2015.


The court properly designated defendant a sexually violent offender, since he was convicted of sexual abuse in the first degree, an enumerated sexually violent offense (see Correction Law § 168-a [3] [a]; [7] [b]). The court properly determined that it lacked discretion to do otherwise (see People v Bullock, 125 A.D.3d 1 [1st Dept 2014]). Defendant asserts that although an element of the crime of which he was convicted (Penal Law § 130.65 [1]) is forcible...

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