PEOPLE v. BEAN

Ind. No. 99055/17. Appeal No. 12944. Case No. 2018-2720.

190 A.D.3d 622 (2021)

139 N.Y.S.3d 67

2021 NY Slip Op 00396

The People of the State of New York, Respondent, v. Michael Bean, Appellant.

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

Decided January 26, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Nicole P. Geoglis of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Christopher Michael Pederson of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.


The court correctly assessed 30 points for a prior sex offense based on defendant's California conviction. To determine whether a foreign conviction is the equivalent of a New York State offense for SORA purposes, a court first compares the elements of the foreign statute with the analogous New York offense (People v Perez, 35 N.Y.3d 85, 93-94 [2020]; Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 N.Y.3d 745

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