Opinion
10-26-2016
PEOPLE of State of New York, respondent, v. Herbert GRAY, appellant.
Seymour W. James, Jr., New York, NY (Adrienne M. Gantt of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marina Dimitry on the brief), for respondent.
Seymour W. James, Jr., New York, NY (Adrienne M. Gantt of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marina Dimitry on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Brennan, J.), dated March 21, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.Contrary to the defendant's contention, the People established, by clear and convincing evidence, that he engaged in forcible compulsion in the commission of the sex offense for which was convicted (see Penal Law § 130.00[8][b] ; People v. Scanlon, 52 A.D.3d 1035, 1038, 861 N.Y.S.2d 426 ; People v. Vasquez, 49 A.D.3d 1282, 1283–1284, 853 N.Y.S.2d 767 ). Thus, the defendant was correctly assessed 10 points on the risk assessment instrument under risk factor 1, “used forcible compulsion.” With the inclusion of these 10 points in his risk assessment score, the defendant was properly designated a level two sex offender (see People v. Fowara, 128 A.D.3d 932, 9 N.Y.S.3d 390 ; People v. Johnson, 77 A.D.3d 548, 548–549, 909 N.Y.S.2d 716 ; People v. Feeney, 58 A.D.3d 614, 615, 871 N.Y.S.2d 340 ; People v. LaRock, 45 A.D.3d 1121, 1122, 846 N.Y.S.2d 685 ).
RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.