Opinion
2017–07202
07-05-2018
PEOPLE of State of New York, respondent, v. Stephen JOSEPH, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated June 21, 2017, 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 defendant appeals from an order, made after a hearing, designating him a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C; hereinafter SORA).
Contrary to the defendant's contention, the County Court properly assessed 15 points under risk factor 11 of the risk assessment instrument, since the People established, by clear and convincing evidence, that the defendant had a history of drug or alcohol abuse (see People v. Dipilato, 155 A.D.3d 792, 793, 63 N.Y.S.3d 525 ; People v. Dallas, 122 A.D.3d 698, 699, 995 N.Y.S.2d 618 ). Further, the defendant's contention that certain factors warrant a downward departure from his presumptive risk level is unpreserved for appellate review because he did not raise these grounds at the SORA hearing (see People v. Figueroa, 138 A.D.3d 708, 709, 27 N.Y.S.3d 885 ). In any event, we agree with the County Court's determination that the defendant was not entitled to a downward departure (see People v. Destio, 145 A.D.3d 1047, 1048, 45 N.Y.S.3d 487 ; People v. Quinones, 138 A.D.3d 1082, 1083, 28 N.Y.S.3d 899 ).
Accordingly, the defendant was properly designated a level two sex offender.
LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.