Lebron v. SelskyLebron v. Selsky
Rose, J. Appeal from an order of the County Court of Schenectady County (Drago, J.), entered March 3, 2008, which classified defendant as a risk level three sex offender pursuant to the
Defendant pleaded guilty to one count of attempted rape in the first degree and one count of sodomy in the second degree in full satisfaction of a 14-count indictment arising out of charges that he had molested his girlfriend’s two teenage daughters (People v Wright, 21 AD3d 583 [2005], lv denied 5 NY3d 857 [2005]). Near the end of his sentence of incarceration, defendant was adjudicated to be a risk level three sexually violent offender pursuant to the
Initially, defendant challenges the voluntariness of his plea of guilty because he had not been advised of the period of time that he would be registered as a sex offender. Such a challenge, however, is not properly raised on appeal from the SORA determination because that determination is not a part of the criminal action (see People v Stevens, 91 NY2d 270, 277 [1998]). Were we to consider it in any event, we would find it to be without merit because a defendant need not be advised of the collateral consequences of his or her guilty plea (see People v Catu, 4 NY3d 242, 244 [2005]; People v Ford, 86 NY2d 397, 403 [1995]), and this Court has consistently held that the duty to register as a sex offender is a collateral consequence (see People v Nash, 48 AD3d 837, 837-838 [2008]; People v Ellis, 46 AD3d 934, 935 [2007], lv denied 10 NY3d 764 [2008]; People v Clark, 261 AD2d 97, 99-100 [2000], lv denied 95 NY2d 833 [2000]).