PEOPLE v. SIMMONS (2025)

Order (Stephen Antignani, J.), dated May 31, 2017, affirmed.

The three-year delay between the underlying forcible touching conviction and the SORA hearing did not violate defendant's right to due process (see People v Collier, 223 AD3d 539 [2024], lv denied 42 NY3d 962 [2024]). The delay was inadvertent, defendant was on notice of the SORA registration requirement and there is no indication that he was prejudiced by the delay. Considering that defendant was already under a life-long obligation to register as a level-three sex offender as a result of a February 2009 conviction of attempted first-degree sexual abuse involving a nine year-old victim, as well as the fact that he was incarcerated during a majority of the delay period, the three-year delay herein was not so outrageously arbitrary as to constitute a gross abuse of governmental authority (id. at 540; People v Gallagher, 129 AD3d 1252, 1253 [2015], lv denied 26 NY3d 908 [2015]; People v Wilkes, 53 AD3d 1073, 1074 [2008], lv denied 11 NY3d 710 [2008]).

Nor is defendant entitled to a downward departure. The mitigating factors now cited by defendant were outweighed by other aggravating factors that weigh against a downward departure (see People v Sincerbeaux, 27 NY3d 683, 690 [2016]), including defendant's extensive criminal history (see People v Diaz, 69 Misc 3d 132[A], 2020 NY Slip Op 51210[U] [App Term, 1st Dept 2020], affd 210 AD3d 442 [2022]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.