PEOPLE v. MARTIN

2019-07244.

199 A.D.3d 1032 (2021)

154 N.Y.S.3d 586

2021 NY Slip Op 06639

The People of State of New York, Respondent, v. John Martin, Appellant.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Robin Richardson of counsel), for appellant.

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Thomas B. Litsky of counsel), for respondent.

Rivera, J.P., Christopher, Wooten and Zayas, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

The defendant was convicted, upon his pleas of guilty, of forcible touching (two counts). Following a hearing to determine the defendant's risk level under the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]), the Supreme Court applied an automatic override to a presumptive risk level three classification based upon the defendant's 1996 conviction of sexual abuse in the first...

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