People v Gulley

People v Gulley 2012 NY Slip Op 07094 Decided on October 24, 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 October 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
PETER B. SKELOS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2011-04916

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

v

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




Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael
Blakey of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated May 10, 2011, as, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed insofar as appealed from, 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 determined that the assessment of 15 points under risk factor 11 (Drug or Alcohol Abuse-History of Abuse) of the risk assessment instrument was supported by clear and convincing evidence. The case summary prepared by the Board of Examiners of Sex Offenders and the defendant's own testimony at the risk level assessment hearing established that the defendant had a history of alcohol and drug abuse (see People v Crandall, 90 AD3d 628, 629; People v Murphy, 68 AD3d 832, 833; People v Williams, 34 AD3d 662, 663; People v Masters, 19 AD3d 387).
ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court