Opinion
2016–00807
06-13-2018
PEOPLE of State of New York, respondent, v. Guillermo TAMBRIZ, appellant.
Seymour W. James, Jr., New York, N.Y. (Ellen Dille of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Masha Simonova on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Ellen Dille of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Masha Simonova on the brief), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Miriam Cyrulnik, J.), dated December 15, 2015, 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.
In this proceeding under the Sex Offender Registration Act (see Correction Law § 168 et seq. ), the defendant challenges the assessment of 20 points under risk factor 3 of the risk assessment instrument (number of victims). We find no basis to overturn the Supreme Court's assessment of points under this risk factor. The evidence at the hearing, which included, among other things, the felony complaint and the presentence report, constituted clear and convincing evidence that there were two victims (see People v. Mingo, 12 N.Y.3d 563, 572, 883 N.Y.S.2d 154, 910 N.E.2d 983 ; People v. Alas, 140 A.D.3d 841, 841, 35 N.Y.S.3d 112 ; People v. Arocho, 130 A.D.3d 996, 997, 13 N.Y.S.3d 836 ; People v. DeJesus, 127 A.D.3d 1047, 1047, 5 N.Y.S.3d 893 ; People v. Patronick, 117 A.D.3d 1018, 1019, 986 N.Y.S.2d 593 ; People v. Dash, 111 A.D.3d 907, 908, 977 N.Y.S.2d 39 ). Since the assessment of a total of 80 points on the risk assessment instrument was appropriate, we agree with the court's designation of the defendant as a level two sex offender.
BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.