Opinion
2018-09830
01-15-2020
PEOPLE of State of New York, respondent, v. Alex NIEVES, appellant.
Paul Skip Laisure, New York, N.Y. (Martin B. Sawyer of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Daniel Berman of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Martin B. Sawyer of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Daniel Berman of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ORDERED that the order is affirmed, without costs or disbursements.
The defendant was convicted, upon his plea of guilty, of attempted course of sexual conduct against a child in the first degree. After a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6–C), the defendant was designated a level three sex offender based on the assessment of a total of 120 points. On appeal, the defendant challenges the assessment of points under risk factor 11.
We agree with the Supreme Court's assessment of 15 points under risk factor 11 for a history of drug or alcohol abuse based, inter alia, on the defendant's admission to the Department of Probation that he used marijuana daily, beginning between the ages of 16 and 20, and continued to do so for a period of more than five years (see People v. Lowery, 140 A.D.3d 1141, 1142, 35 N.Y.S.3d 684 ; People v. Zavala, 114 A.D.3d 653, 654, 979 N.Y.S.2d 660 ; cf. People v. Rohoman, 121 A.D.3d 876, 877, 994 N.Y.S.2d 389 ).
Accordingly, we agree with the Supreme Court's determination to designate the defendant a level three sex offender.
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.