Opinion
2013-11-27
PEOPLE of State of New York, respondent, v. Kenneth KING, appellant.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel; Randi Lee on the brief), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam M. Koelsch of counsel; Aron Gerstel on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel; Randi Lee on the brief), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam M. Koelsch of counsel; Aron Gerstel on the brief), for respondent.
Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Tomei, J.), dated April 18, 2012, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly designated the defendant a level three sex offender. Contrary to the defendant's contention, the Supreme Court properly determined that the assessment of 15 points under risk factor 11, based on a history of drug or alcohol abuse, was supported by clear and convincing evidence ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v. Geehreng, 101 A.D.3d 975, 955 N.Y.S.2d 530; People v. Fryer, 101 A.D.3d 835, 955 N.Y.S.2d 407; People v. Finizio, 100 A.D.3d 977, 978, 954 N.Y.S.2d 636). RIVERA, J.P., DILLON, ROMAN and MILLER, JJ., concur.