People v Ginyard

People v Ginyard 2007 NY Slip Op 08282 [45 AD3d 268] November 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Glenn Ginyard, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Elizabeth B. Emmons of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Nicole Beder of counsel), for respondent.

Order, Supreme Court, New York County (Arlene Silverman, J.), entered on or about June 9, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. At the very least, defendant's prison disciplinary record clearly warranted assessment of 10 points under the risk factor for conduct while confined (see People v Chabrier, 38 AD3d 355 [2007], lv denied 9 NY3d 801 [2007]), and these points alone, when added to 100 undisputed points, brought him up to the level three threshold. We have considered and rejected defendant's remaining arguments. Concur—Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.