People v. Leung

Appellate Division of the Supreme Court of New York

People v. Leung

57 A.D.3d 636, 868 N.Y.2d 533

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 2008·Published

Opinion

[637]*637Contrary to the defendant’s contention, there was clear and convincing proof to warrant the assessment of points against him for a history of substance abuse as set forth in the risk assessment instrument of the Board of Examiners of Sex Offenders (hereinafter the RAI). The Supreme Court properly designated the defendant a level three sex offender based upon the facts of the case and the RAI (see Correction Law § 168-n; People v Smolen, 47 AD3d 623 [2008]; People v Yarborough, 43 AD3d 1129 [2007]; People v Grimmett, 29 AD3d 766 [2006]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.

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[637]*637Contrary to the defendant’s contention, there was clear and convincing proof to warrant the assessment of points against him for a history of substance abuse as set forth in the risk assessment instrument of the Board of Examiners of Sex Offenders (hereinafter the RAI). The Supreme Court properly designated the defendant a level three sex offender based upon the facts of the case and the RAI (see Correction Law § 168-n; People v Smolen, 47 AD3d 623 [2008]; People v Yarborough, 43 AD3d 1129 [2007]; People v Grimmett, 29 AD3d 766 [2006]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.

People v. Leung, 57 A.D.3d 636, 868 N.Y.2d 533 (N.Y. Ct. App. 2008).

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