PEOPLE v. CARNO (2024)

Order, Supreme Court, New York County (Charlotte E. Davidson, J.), entered on or about October 20, 2022, which adjudicated defendant a level one sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.

The record establishes that the “conduct underlying” defendant's federal conviction of conspiracy to commit sex trafficking of a minor is within the scope of the New York State offense of promoting prostitution in the second degree under Penal Law § 230.30(2) (see Matter of North v. Board of Examiners of Sex Offenders of State of N.Y., 8 N.Y.3d 745, 753, 840 N.Y.S.2d 307, 871 N.E.2d 1133 [2007]).  His foreign conviction is a registerable offense under SORA's essential elements test (see People v. North, 8 N.Y.3d at 753, 840 N.Y.S.2d 307, 871 N.E.2d 1133;  People v. Washington, 221 A.D.3d 838, 838, 200 N.Y.S.3d 75 [2d Dept. 2023];  People v. Luck, 212 A.D.3d 535, 535, 180 N.Y.S.3d 537 [1st Dept. 2023], lv denied 39 N.Y.3d 915, 2023 WL 3960566 [2023];  People v. Blue, 186 A.D.3d 1088, 1089–1090, 128 N.Y.S.3d 765 [4th Dept. 2020], lv denied 36 N.Y.3d 901, 2020 WL 6877776 [2020];  Correction Law § 168–a[2][a][i], [2][d][i]).  The fact that Penal Law § 230.30(2) was amended following his federal conviction does not change this analysis (see Corrections Law § 168–a(2)(d)(i);  People v. D'Amico, 212 A.D.3d 664, 665, 182 N.Y.S.3d 182 [2d Dept. 2023];  see also People ex rel. Rivera v. Superintendent, Woodbourne Corr. Facility, 200 A.D.3d 1370, 1371, 160 N.Y.S.3d 411 [3d Dept. 2021] aff'd 40 N.Y.3d 307, 198 N.Y.S.3d 259, 221 N.E.3d 1 [2023];  People v. Parilla, 109 A.D.3d 20, 28, 970 N.Y.S.2d 497 [1st Dept. 2013], lv denied 21 N.Y.3d 865, 2013 WL 4792074 [2013]).