Opinion
2013-01-9
PEOPLE of State of New York, respondent, v. Ali WILLIAMS, appellant.
Steven Banks, New York, N.Y. (Natalie Rae of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Julie C. Ruggieri on the brief), for respondent.
Steven Banks, New York, N.Y. (Natalie Rae of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Julie C. Ruggieri on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated December 14, 2010, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the assessment of 10 points under risk factor 13 (“Conduct while confined/supervised-Unsatisfactory”) was supported by clear and convincing evidence. The defendant's unsatisfactory conduct during his incarceration was established by the case summary, which revealed that he committed a Tier II disciplinary violation in 2009 and a Tier III disciplinary violation in 2010 ( see People v. Williams, 100 A.D.3d 610, 953 N.Y.S.2d 298;*913People v. Mabee, 69 A.D.3d 820, 821, 893 N.Y.S.2d 585). Thus, the Supreme Court properly designated the defendant a level three sexually violent offender.