Opinion
09-27-2016
The PEOPLE of the State of New York, Respondent, v. Sinke ZEWGE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christine DiDomenico of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Christine DiDomenico of counsel), for respondent.
SWEENY, J.P., MANZANET–DANIELS, FEINMAN, KAPNICK, WEBBER, JJ.
Order, Supreme Court, New York County (Bruce Allen, J.), rendered September 5, 2014, 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.
The court properly considered defendant's prior youthful offender adjudication in assessing points under the risk factor for prior crimes (see People v. Wilkins, 77 A.D.3d 588, 909 N.Y.S.2d 362 [1st Dept.2010], lv. denied 16 N.Y.3d 703, 2011 WL 135731 [2011] ). The court also properly assessed points under the risk factor for alcohol abuse, because defendant's admissions to correction officials (see e.g. People v. Kelly, 69 A.D.3d 498, 893 N.Y.S.2d 51 [1st Dept.2010] ) provided clear and convincing evidence of such abuse, satisfying the standard set forth in People v. Palmer , 20 N.Y.3d 373, 378–379, 960 N.Y.S.2d 719, 984 N.E.2d 917 (2013).
The court properly exercised its discretion when it declined to grant a downward departure (see People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). There were no mitigating factors that were not adequately taken into account by the risk assessment instrument, and the record does not establish any basis for a downward departure.