People v Williams

People v Williams 2013 NY Slip Op 00070 Decided on January 9, 2013 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 January 9, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
2011-00207

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

v

Ali Williams, appellant. Steven Banks, New York, N.Y. (Natalie Rae of counsel), for appellant.




Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Morgan J. Dennehy of counsel; Julie C. Ruggieri on the
brief), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated December 14, 2010, which, after a hearing, designated him a level three sexually violent 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 assessment of 10 points under risk factor 13 ("Conduct while confined/supervised-Unsatisfactory") was supported by clear and convincing evidence. The defendant's unsatisfactory conduct during his incarceration was established by the case summary, which revealed that he committed a Tier II disciplinary violation in 2009 and a Tier III disciplinary violation in 2010 (see People v Williams, 100AD3d 610; People v Mabee, 69 AD3d 820, 821). Thus, the Supreme Court properly designated the defendant a level three sexually violent offender.
ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court