Opinion
2011–06517
05-23-2018
PEOPLE of State of New York, respondent, v. Clarence SHARROCK, appellant.
Clare J. Degnan, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
Clare J. Degnan, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeal by the defendant from an amended order of the County Court, Westchester County (Susan Cacace, J.), entered May 20, 2011, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the amended order is affirmed, without costs or disbursements.The defendant appeals from an amended order, made after a hearing, designating him a level three sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6–C).
Contrary to the defendant's contention, the County Court properly assessed 30 points against him under risk factor 5 of the risk assessment instrument, since the People established, by clear and convincing evidence, that the victim was 10 years old when the sexual misconduct by the defendant against her began (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 11 [2006]; People v. Morrell, 139 A.D.3d 835, 835–836, 31 N.Y.S.3d 561 ). Contrary to the defendant's further contention, the court properly assessed 15 points against him under risk factor 11, 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 ). SCHEINKMAN, P.J., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.