People v. Simmons

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about April 25, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant was properly assessed 30 points for being armed with a dangerous instrument at the time of the underlying sex crime (see People v Pettigrew, 14 NY3d 406, 408-409 [2010]). Defendant’s other challenges to the court’s assessment of points are unavailing, except that we find that the assessment for defendant’s criminal…