Opinion
No. 2008-09705.
October 20, 2009.
Appeal by the defendant from an order of the Supreme Court, Kings County (Lott, J.), dated October 20, 2008, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Samantha Baer on the brief), for respondent.
Before: Prudenti, P.J., Miller, Chambers and Roman, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the hearing court properly assessed points for risk factor 7 because he was a stranger to the victim ( see People v Lewis, 45 AD3d 1381; People v Penson, 38 AD3d 866, 867; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12 [2006] [hereinafter Guidelines]). Furthermore, the court properly assessed points for risk factor 11, given the defendant's admission regarding his alcohol usage at the time of the offense ( see People v Carpenter, 60 AD3d 833; People v Robinson, 55 AD3d 708; Guidelines at 15).
The defendant's remaining contentions are without merit.