PEOPLE v. GLOVER (2009)

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

The PEOPLE of the State of New York, Respondent, v. Jermel GLOVER, Defendant-Appellant.

Decided: May 28, 2009

TOM, J.P., SAXE, SWEENY, ACOSTA, FREEDMAN, JJ.

Steven Banks, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), entered on or about August 14, 2006, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

There was clear and convincing evidence for the court's determination that defendant has a psychological, physical or organic abnormality that decreases ability to control impulsive sexual behavior (see People v. Andrychuk, 38 A.D.3d 1242, 831 N.Y.S.2d 795 [2007], lv. denied 8 N.Y.3d 816, 839 N.Y.S.2d 455, 870 N.E.2d 696 [2007] ). Even assuming, without deciding, that the extent to which a sex offender's psychiatric disorder can be treated by medication is relevant to whether this override should be applied, defendant's argument in this regard is unavailing, in light of his long-standing pattern of failing to take prescribed medications, despite his current assurances that he will be compliant.

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