Majority
p. 768The People of the State of New York, Respondent, v Leon Street, Appellant. [901 NYS2d 536]
Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated July 9, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the Supreme Court’s determination to designate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880 [2007]; People v Guarnan, 8 AD3d 545 [2004]; see also People v Mingo,
p. 769
12 NY3d 563 , 571 [2009]). There is no merit to the defendant’s contention that the Supreme Court erred in assessing him 15 points under risk factor 11 (“Drug or Alcohol Abuse”) (see People v Murphy, 68 AD3d 832 [2009]; People v Banks, 48 AD3d 656 [2008]). Rivera, J.P., Florio, Angiolillo and Austin, JJ., concur.
Cases cited
- People v. Fisher 36 AD3d 880 p. 768
- People v. Mingo 12 NY3d 563 at 571 p. 769
- People v. Murphy 68 AD3d 832 p. 769
- People v. Banks 48 AD3d 656 p. 769