Opinion
570570/12
02-20-2015
The People of the State of New York, Respondent, v. Wilson Bradley, Defendant-Appellant,
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
Defendant appeals from an order the Criminal Court of the City of New York, New York County (Jennifer G. Schecter, J.), entered October 17, 2011, which, after a hearing, designated him a level three sex offender and a predicate sex offender pursuant to the Sex Offender Registration Act (Correction Law Art. 6-C).
Per Curiam.
Order (Jennifer G. Schecter, J.), entered October 17, 2011, affirmed.
The court properly adjudicated defendant a level three sex offender. The court properly assessed 15 points under the risk factor for drug or alcohol abuse, where the evidence of defendant's history of substance abuse, including no fewer than 10 prior drug-related convictions, was not excessively remote (see People v Valentin, 57 AD3d 268, 268 [2008], lv denied 12 NY3d 705 [2009]). The court's 15-point assessment under the lack of supervision factor was proper "even though that circumstance resulted from defendant's having fully served his sentence" (People v Johnson, 77 AD3d 548, 549 [2010]). Finally, the record supports the court's discretionary upward departure to level three. The risk assessment instrument did not adequately account for the significant risk of recidivism indicated by defendant's persistent pattern of "grinding" behavior directed against female subway riders (see People v Grassi, ___ AD3d ___, 2014 WL 7076808 [1st Dept 2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur