Majority
p. 276The People of the State of New York, Respondent, v Avery Pettigrew, Appellant. [872 NYS2d 667]
Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 12, 2007, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Clear and convincing evidence supported the court’s point assessments under the risk factors of being armed with a dangerous instrument (see People v Walker, 15 AD3d 692 [2005]), history of drug or alcohol abuse (see People v Gonzalez, 48 AD3d 284 [2008], lv denied 10 NY3d 711 [2008]) and failure to accept responsibility (see People v Lewis, 37 AD3d 689 [2007], lv denied 8 NY3d 814 [2007]). Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.
Cases cited
- People v. Walker 15 AD3d 692 p. 276
- People v. Gonzalez 48 AD3d 284 p. 276