THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LYLE SOMERS DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LYLE SOMERS, DEFENDANT–APPELLANT.

KA 16–00783

Decided: February 10, 2017

PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

J. SCOTT PORTER, SENECA FALLS, FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful surveillance in the second degree (see Penal Law § 250.45[2] ). Contrary to defendant's contention, Supreme Court did not abuse its discretion in determining, after consideration of “the nature and circumstances of the crime and ․ the history and character of the defendant, ․ that [his] registration [as a sex offender] would [not] be unduly harsh and inappropriate” (Correction Law § 168–a [2][e]; see People v. Marke, 144 AD3d 651, 652; People v. Simmons, 129 AD3d 520, 521, lv denied 26 NY3d 903).

Frances E. Cafarell

Clerk of the Court

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