Opinion
No. 570374/16
06-15-2022
The People of the State of New York, Respondent, v. Paulino Camacho, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, J.P., Tisch, Michael, JJ.
PER CURIAM
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Stephen Antignani, J.), dated February 1, 2017, which, after a hearing, designated him a level two sex offender under the Sex Offender Registration Act ("SORA") (Correction Law Art. 6-C).
Order (Stephen Antignani, J.), dated February 1, 2017, affirmed.
The record supports the level two sex offender adjudication. The SORA court properly assessed 30 points based on defendant's July 10, 2014 conviction for endangering the welfare of a child (see SORA: Risk Assessment Guidelines and Commentary at 13-14; People v Perez, 35 N.Y.3d 85, 88-89 [2020]). Defendant's case summary, pre-sentencing report and DCJS criminal history report ("rap sheet") provided reliable hearsay (see People v Mingo, 12 N.Y.3d 563, 573-574 [2009]), particularly given that defendant did not dispute the truthfulness or the accuracy of his prior conviction of endangering the welfare of a child (see People v Colon, 139 A.D.3d 466 [2016], lv denied 28 N.Y.3d 901 [2016]).
The court also properly assessed 15 points under risk factor 11 for defendant's history of drug and alcohol abuse based upon defendant's own admissions, including his statement to probation officials that he had used alcohol and cocaine on a weekly basis, and PCP and marijuana on a daily basis, as well as his criminal history (see People v Smalls, 164 A.D.3d 1185, 1186 [2018], lv denied 32 N.Y.3d 914 [2019]; People v Smith, 161 A.D.3d 430 [2018], lv denied 32 N.Y.3d 901 [2018]).
All concur.