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People v. Glover

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 28, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JERMEL GLOVER, DEFENDANT-APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Sweeny, Acosta, Freedman, JJ.

876/04

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 AD3d 1242 [2007], lv denied 8 NY3d 816 [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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090528

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