People v Novoa

People v Novoa 2008 NY Slip Op 09467 [57 AD3d 231] December 2, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Yehidie F. Novoa, Appellant.

—[*1] Howard D. Simmons, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about June 5, 2006, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points under the risk factor for drug and alcohol abuse, based on extensive evidence of persistent drug use including defendant's own admissions to the Probation Department (see People v Conway, 47 AD3d 492 [2008], lv denied 10 NY3d 708 [2008]; People v Arnold, 35 AD3d 827 [2006], lv denied 9 NY3d 813 [2007]), and it providently exercised its discretion in declining to grant a downward departure (see People v Guaman, 8 AD3d 545 [2004]). Defendant's remaining contention is without merit. Concur—Tom, J.P., Nardelli, McGuire, Acosta and DeGrasse, JJ.