Opinion
2011-10-4
PEOPLE of State of New York, respondent,v.Michael PALMER, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), dated February 16, 2010, which, after a hearing pursuant to Correction Law article 6–C, designated him a level two sex offender.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, in determining his risk level under the Sex Offender Registration Act ( see Correction Law article 6–C), the Supreme Court properly assessed points under risk factor 11, pertaining to “[d]rug or [a]lcohol [a]buse,” based upon his admission that he was using alcohol at the time of the offense (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 15 [2006 ed.]; see People v. Sterling, 71 A.D.3d 654, 894 N.Y.S.2d 900; People v. Britt, 66 A.D.3d 853, 886 N.Y.S.2d 622; People v. Carpenter, 60 A.D.3d 833, 874 N.Y.S.2d 382). Accordingly, the defendant was properly designated a level two sex offender.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.