People v. Zewge — 142 A.D.3d 880

Majority

p. 880

The People of the State of New York, Respondent, v Sinke Zewge, Appellant.

[38 NYS3d 536]—

Order, Supreme Court, New York County (Bruce Allen, J.),

p. 881

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 AD3d 588 [1st Dept 2010], lv denied 16 NY3d 703 [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 AD3d 498 [1st Dept 2010]) provided clear and convincing evidence of such abuse, satisfying the standard set forth in People v Palmer ( 20 NY3d 373 , 378-379 [2013]).

The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [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.

Concur — Sweeny, J.P., Manzanet-Daniels, Feinman, Kapnick and Webber, JJ.

Cases cited

People v. Palmer 20 NY3d 373 N.Y. 2013-02-12 at 378-379 p. 881
People v. Gillotti 23 NY3d 841 N.Y. 2014-06-10 p. 881