People v McNeil

People v McNeil 2014 NY Slip Op 02912 Decided on April 30, 2014 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 April 30, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
2013-04887

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

v

James R. McNeil, appellant.




Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of
counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas
Constant of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 17, 2013, 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's designation of the defendant as a level two sex offender under the Sex Offender Registration Act (hereinafter SORA) was supported by clear and convincing evidence (see Correction Law article 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402). Contrary to the defendant's contention, the court properly assessed 15 points under risk factor 11 for a history of alcohol abuse (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v Crandall, 90 AD3d 628, 630; People v Abrams, 76 AD3d 1058; People v Luebbert, 73 AD3d 1399; People v Goodwin, 49 AD3d 619). The defendant was also properly assessed points under risk factor 14 ("release without supervision") since he was released from jail without any parole or probation conditions (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 17; People v Lewis, 37 AD3d 689; People v Hyson, 27 AD3d 919).
SKELOS, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court