Opinion
2015-06-10
PEOPLE of State of New York, respondent, v. Anthony WILLIAMS, appellant.
Seymour W. James, Jr., New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Lorraine Maddalo of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Chun, J.), dated February 28, 2012, 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.
Contrary to the defendant's contention, the Supreme Court properly assessed 15 points under risk factor 11 for a history of drug and alcohol abuse. The assessment of these points was supported by clear and convincing evidence in the record, including the case summary completed by the Board of Examiners of Sex Offenders and the presentence investigation report ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v. Jamison, 127 A.D.3d 947, 6 N.Y.S.3d 625; People v. Dallas, 122 A.D.3d 698, 699, 995 N.Y.S.2d 618; People v. Reede, 113 A.D.3d 663, 663–664, 978 N.Y.S.2d 683; People v. King, 111 A.D.3d 909, 975 N.Y.S.2d 693).
In addition, the Supreme Court properly denied the defendant's request for a downward departure from the presumptive level two designation ( see People v. Gillotti, 23 N.Y.3d 841, 845, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Wyatt, 89 A.D.3d 112, 131, 931 N.Y.S.2d 85). Accordingly, the defendant was properly designated a level two sex offender.