People v. Rodriguez

134 A.D.3d 492, 19 N.Y.S.3d 894

Opinion

Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about January 13, 2014, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the court’s assessment of 15 points for defendant’s history of substance abuse in light of proof showing his extensive use of alcohol and marijuana for a period 12 years, which included the time when he abused the victim (see People v Palmer, 20 NY3d 373, 377-379 [2013]). Defendant’s substance abuse went well beyond social or occasional use. Concur — Mazzarelli, J.P., Richter, Manzanet-Daniels and Kapnick, JJ.