People v Geehreng

People v Geehreng 2012 NY Slip Op 08707 Decided on December 19, 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 December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
2011-06592

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

v

Robert Geehreng, appellant. Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.




Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane
Lamm of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 16, 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 County Court properly designated the defendant a level two sex offender. Contrary to the defendant's contention, the County Court properly assessed 15 points under risk factor 11 (Drug or Alcohol Abuse-History of Abuse) (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v Gulley, 99 AD3d 979; People v Deturris, 90 AD3d 727; People v Harris, 74 AD3d 767).
RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court