People v King

People v King 2013 NY Slip Op 07949 Decided on November 27, 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 November 27, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
MARK C. DILLON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2012-04114

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

v

Kenneth King, appellant.




Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel;
Randi Lee on the brief), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Adam M. Koelsch of
counsel; Aron Gerstel on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Tomei, J.), dated April 18, 2012, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly designated the defendant a level three sex offender. Contrary to the defendant's contention, the Supreme Court properly determined that 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 (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v Greehreng, 101 AD3d 975; People v Fryer, 101 AD3d 835; People v Finizio, 100 AD3d 977, 978).
RIVERA, J.P., DILLON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court