People v Carter

People v Carter 2012 NY Slip Op 05402 Decided on July 5, 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 July 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
2011-01393

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

v

Collin Carter, appellant. Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel; Molly Talbert on the brief), for appellant.




Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Morgan J. Dennehy, and Melissa Causey of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Gary, J.), dated January 26, 2011, 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.

The Supreme Court properly determined that the assessment of five points under risk factor two (sexual contact with the victim — contact over clothing), was supported by clear and convincing evidence. Specifically, the case summary and supplemental incident report relied upon by the hearing court indicated that the defendant touched the infant victim's buttocks over her clothing during the subject incident (see People v Mingo, 12 NY3d 563, 571; People v Perser, 29 AD3d 767; People v Boykin, 127 AD2d 1004). Additionally, the assessment of 15 points under risk factor 11, based on a history of drug or alcohol abuse, was supported by clear and convincing evidence. The case summary and supplemental incident report indicated that the defendant had been abusing methamphetamine at the time of the subject incident (see People v Crandall, 90 AD3d 628, 629-630; People v Morales, 33 AD3d 982, 983). Thus, the Supreme Court properly designated the defendant a level two sex offender.
FLORIO, J.P., BALKIN, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court