People v Merit (Dillion)

[*1] People v Merit (Dillion) 2014 NY Slip Op 51438(U) Decided on October 1, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570696/11

The People of the State of New York, Respondent,

against

Dillion Merit, Defendant-Appellant.

Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Diana M. Boyar, J.), entered July 8, 2011, which, after a hearing, designated him a level two sex offender under the Sex Offender Registration Act (Correction Law Art. 6-C).

Per Curiam.

Order (Diana M. Boyar, J.), entered July 8, 2011, affirmed.

The record supports the level two sex offender adjudication. The court properly assessed 15 points under the risk factor for drug and alcohol abuse, where defendant had four drug possession and sale convictions in an eight-year span, with the most recent convictions occurring within four years of the classification hearing (see People v Wilkens, 33 AD3d 399, 399 [2006], lv denied 8 NY3d 801 [2007). The court also properly assessed 10 points for the use of violence, based on evidence that defendant grabbed the victim by the throat or neck, pulled her toward him and grabbed her buttocks. This is so notwithstanding that forcible compulsion was not an element of the crime of which defendant was convicted (see People v Wilson, 117 AD3d 1557 [2014], lv denied __ NY3d __, 2014 NY Slip Op 82453 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: October 01, 2014