People v. Magliocco, 101 A.D.3d 1724 (N.Y. App. Div. 2012). · Go Syfert
People v. Magliocco, 101 A.D.3d 1724 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of P. & E. T. Found. (nyappdiv, 2022-04-22)
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of P. & E. T. Found.
N.Y. App. Div. · 2022 · confidence medium
Group LLC , 101 AD3d 1724, 1726 [4th Dept 2012]; Destiny USA Holdings, LLC , 69 AD3d at 223 ).
discussed Cited as authority (rule) Eastview Mall, LLC v. Grace Holmes, Inc. (2×)
N.Y. App. Div. · 2020 · confidence medium
Group LLC , 101 AD3d 1724, 1726 [4th Dept 2012] [internal quotation marks omitted]).
cited Cited as authority (rule) AJMRT, LLC v. Kern
N.Y. App. Div. · 2017 · confidence medium
Group LLC, 101 AD3d 1724, 1726 [2012]).
discussed Cited as authority (rule) People v. Marke
N.Y. App. Div. · 2016 · confidence medium
Nothing in the record regarding the nature and circumstances of the crime or the history and character of the defendant establishes that registration would be unduly harsh and inappropriate (see Correction Law § 168-a [2] [e]; People v Simmons, 129 AD3d 520, 521 [2015]; People v Piznarski, 113 AD3d 166, 182 [2013]; People v Magliocco, 101 AD3d 1724, 1724 [2012]; People v Allen, 64 AD3d 1190, 1191 [2009]).
discussed Cited as authority (rule) People v. Piznarski
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding one expert’s opinion that defendant posed a low risk to reoffend, given the nature and circumstances of his crimes — involving the repeated surreptitious recording of women engaging in sexual acts and the use of coercion to convince one of those women to perform additional sexual acts — we cannot conclude that the requirement that defendant register as a sex offender is unduly harsh and inappropriate (see People v Magliocco, 101 AD3d 1724, 1724 [2012]; People v Allen, 64 AD3d 1190, 1191 [2009], lv denied 13 NY3d 794 [2009]).
discussed Cited as authority (rule) People v. Piznarski
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding one expert’s opinion that defendant posed a low risk to reoffend, given the nature and circumstances of his crimes — involving the repeated surreptitious recording of women engaging in sexual acts and the use of coercion to convince one of those women to perform additional sexual acts — we cannot conclude that the requirement that defendant register as a sex offender is unduly harsh and inappropriate (see People v Magliocco, 101 AD3d 1724, 1724 [2012]; People v Allen, 64 AD3d 1190, 1191 [2009], lv denied 13 NY3d 794 [2009]).
discussed Cited as authority (rule) People v. Sahm
N.Y. App. Div. · 2013 · confidence medium
Moreover, the requirements of the Sex Offender Registration Act are collateral consequences of a guilty plea (see People v Magliocco, 101 AD3d 1724, 1724 [2012]), and the potential termination of parental rights with respect to biological children is not an automatic consequence of being convicted of a sex offense or having to register as a sex offender (see generally Matter of Afton C. [James C.], 17 NY3d 1, 10-11 [2011]).
discussed Cited as authority (rule) People v. Sahm
N.Y. App. Div. · 2013 · confidence medium
Moreover, the requirements of the Sex Offender Registration Act are collateral consequences of a guilty plea (see People v Magliocco, 101 AD3d 1724, 1724 [2012]), and the potential termination of parental rights with respect to biological children is not an automatic consequence of being convicted of a sex offense or having to register as a sex offender (see generally Matter of Afton C. [James C.], 17 NY3d 1, 10-11 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jon T. Magliocco
Appellate Division of the Supreme Court of the State of New York.
Dec 28, 2012.
101 A.D.3d 1724
Cited by 6 opinions  |  Published

Memorandum: Defendant appeals from a resentence certifying him as a sex offender pursuant to Correction Law § 168-d based on his conviction, upon his plea of guilty, of unlawful surveillance in the second degree (Penal Law § 250.45 [3]). In his brief, defendant contends that being certified as a sex offender is akin to receiving an enhanced sentence and thus that County Court erred in imposing that enhanced sentence without affording him the opportunity to withdraw his guilty plea. We reject that contention. The court was not required to address the Sex Offender Registration Act consequences that flowed from defendant’s conviction during the plea allocution because they are “collateral rather than direct consequences of a guilty plea” (People v Gravino, 14 NY3d 546, 550 [2010]), and defendant’s claimed lack of awareness of those consequences did not affect the voluntariness of his guilty plea (see id.). Also, the court was not required to conduct a fact-finding hearing before certifying defendant as a sex offender because defendant was not convicted of an offense listed in Correction Law § 168-d (1) (b) or (c) (see Gravino, 14 NY3d at 557 n 5).

Contrary to the further contention of defendant, the court properly concluded, “after considering ‘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’ ” (People v Allen, 64 AD3d 1190, 1191 [2009], lv denied 13 NY3d 794 [2009], quoting Correction Law § 168-a [2] [e]). Present — Scudder, P.J., Centra, Valentino, Whaled and Mastiche, JJ.