People v Green

People v Green 2012 NY Slip Op 01441 Decided on February 21, 2012 Appellate Division, Second Department 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.

Decided on February 21, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
ROBERT J. MILLER, JJ.
2007-09981

[*1]People of State of New York, respondent,

v

Jeffrey Green, appellant. Salvatore C. Adamo, New York, N.Y., for appellant.




William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget
Rahilly Steller of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), rendered September 27, 2007, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the People demonstrated by clear and convincing evidence that the defendant's relationship with the complainant "had been established or promoted for the primary purpose of victimization," such that the County Court properly assessed the defendant 20 points under risk factor seven (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12 [2006 ed.]; see People v Taylor, 48 AD3d 775, 776; People v Grosfeld, 35 AD3d 692, 693). Accordingly, the defendant was properly adjudicated a level two sex offender.

In light of our determination, we need not reach the parties' remaining contentions.
SKELOS, J.P., DICKERSON, BELEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court