PEOPLE, res, v. TORY BELL, def-ap

3858-3859. PEOPLE, res, v. TORY BELL, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson and Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for res — Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered May 13, 2014, convicting defendant, upon his plea of guilty, of promoting a sexual performance by a child as a sexually motivated felony, and sentencing him to a term of one year, unanimously modified, on the law, to reflect that defendant was sentenced to a definite term of one year, and otherwise affirmed. Order, Supreme Court, New York County (same court and Justice), entered on or about January 7, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The record supports the court's assessment of 30 and 20 points, respectively, under the risk factors for having three or more victims and being a stranger to the victim, based on defendant's viewing of over 80 images and videos of child pornography on his computer, despite the fact that defendant did not have any contact with the victims (see People v. Labarbera, 140 AD3d 463, 464 [1st Dept 2016] lv denied 28 NY3d 902 [2016]).

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3858-3859. PEOPLE, res, v. TORY BELL, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson and Joanne Legano Ross of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for res — Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered May 13, 2014, convicting defendant, upon his plea of guilty, of promoting a sexual performance by a child as a sexually motivated felony, and sentencing him to a term of one year, unanimously modified, on the law, to reflect that defendant was sentenced to a definite term of one year, and otherwise affirmed. Order, Supreme Court, New York County (same court and Justice), entered on or about January 7, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The record supports the court’s assessment of 30 and 20 points, respectively, under the risk factors for having three or more victims and being a stranger to the victim, based on defendant’s viewing of over 80 images and videos of child pornography on his computer, despite the fact that defendant did not have any contact with the victims (see People v. Labarbera, 140 AD3d 463, 464 [1st Dept 2016] lv denied 28 NY3d 902 [2016]).

PEOPLE, res, v. TORY BELL, def-ap

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