People v. Daniel

124 A.D.3d 446, 997 N.Y.S.2d 901

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 13, 2015
• Docket: 13932 1167/92
• Status: Published

Opinion

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about December 19, 2011, which adjudicated defendant a level three sexually violent sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant’s admissions provided clear and convincing evi dence that supported a 15-point assessment under the risk factor for drug or alcohol abuse (see People v Watson, 112 AD3d 501, 502 [1st Dept 2013], lv denied 22 NY3d 863 [2014]). In any event, regardless of whether defendant’s correct point score is 145 or 130, he would still be a presumptive level three sex offender, and we find no basis for a downward departure (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument, and were in any event, outweighed by the seriousness of the underlying crimes.

Concur — Tom, J.E, Friedman, Acosta, Saxe and Kapnick, JJ.