PEOPLE v. GLOVER (2009)

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.