Opinion
Index No. 633/11 No. 216 Case No. 2015-01963
05-09-2023
The People of the State of New York, Respondent, v. Lloyd Parks, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Before: Webber, J.P., Kern, Friedman, Mendez, Shulman, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about April 8, 2015, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Clear and convincing evidence supported the assessment of 15 points for defendant's history of substance abuse. Defendant used marijuana on a daily basis, which is a recognized form of substance abuse for purposes of this risk factor (see People v Nieves, 179 A.D.3d 849 [2d Dept 2020], lv denied 35 N.Y.3d 906 [2020]; see also People v Padilla, 116 A.D.3d 566, 567 [1st Dept 2014], lv denied 24 N.Y.3d 902 [2014]). Clear and convincing evidence also supported the assessment of 10 points for unsatisfactory conduct while confined, based on defendant's three Tier II infractions and his Tier III violation approximately 11 months before his sex offender adjudication (see People v Morales, 157 A.D.3d 475, 475 [1st Dept 2018], lv denied 31 N.Y.3d 903 [2018]).
The court providently exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The allegedly mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument or were outweighed by aggravating factors.