Opinion
2012-10-24
PEOPLE of State of New York, respondent, v. Claude GULLEY, Jr., appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated May 10, 2011, as, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The County Court properly designated the defendant a level two sex offender. Contrary to the defendant's contention, the County Court properly determined that the assessment of 15 points under risk factor 11 (Drug or Alcohol Abuse–History of Abuse) of the risk assessment instrument was supported by clear and convincing evidence. The case summary prepared by the Board of Examiners of Sex Offenders and the defendant's own testimony at the risk level assessment hearing established that the defendant had a history of alcohol and drug abuse ( see People v. Crandall, 90 A.D.3d 628, 629, 934 N.Y.S.2d 446;People v. Murphy, 68 A.D.3d 832, 833, 890 N.Y.S.2d 605;People v. Williams, 34 A.D.3d 662, 663, 824 N.Y.S.2d 413;People v. Masters, 19 A.D.3d 387, 796 N.Y.S.2d 133).