PEOPLE v. JACKSON (2007)

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

The PEOPLE of the State of New York, Respondent, v. Francis JACKSON, Defendant-Appellant.

Decided: December 13, 2007

FRIEDMAN, J.P., MARLOW, NARDELLI, CATTERSON, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy of counsel), for respondent.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about August 10, 2006, which adjudicated defendant a level one sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The provision requiring persons convicted of certain abduction-related crimes to register as sex offenders is constitutional, even as applied to a person whose abduction of a child had no apparent sexual component (People v. Knox, 45 A.D.3d 274, 844 N.Y.S.2d 284 [2007]; People v. Taylor, 42 A.D.3d 13, 835 N.Y.S.2d 241 [2007], lv. dismissed 9 N.Y.3d 887, 842 N.Y.S.2d 766, 874 N.E.2d 731 [2007] ). Accordingly, even if we were to assume that defendant's attempted kidnapping conviction had no sexual aspect, we would reject his claim that the statute is unconstitutional as applied to him. In any event, this conviction was closely related to sex-related criminal activity.

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