Opinion
2015–03971 2015–03975
03-28-2018
PEOPLE of State of New York, respondent, v. Christopher COLLINS, appellant.
N. Scott Banks, Hempstead, N.Y. (Tammy Feman and Marquetta Christy of counsel), for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Kevin King of counsel; Victoria Massimino on the brief), for respondent.
N. Scott Banks, Hempstead, N.Y. (Tammy Feman and Marquetta Christy of counsel), for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Kevin King of counsel; Victoria Massimino on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeals by the defendant from two orders of the Supreme Court, Nassau County (Teresa K. Corrigan, J.), both dated April 20, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the orders are affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court properly assessed 15 points against him under risk factor 11, since the People established, by clear and convincing evidence, that the defendant had a history of drug abuse (see People v. Dipilato, 155 A.D.3d 792, 63 N.Y.S.3d 525 ). Contrary to his further contention, the Supreme Court properly assessed 10 points against him under risk factor 12. The defendant's statements, considered together, do not reflect a genuine acceptance of responsibility, and, thus, the People established, by clear and convincing evidence, that he failed to accept responsibility for his criminal conduct (cf. People v. Vega, 79 A.D.3d 718, 719, 911 N.Y.S.2d 917 ).
Accordingly, the Supreme Court properly designated the defendant a level two sex offender pursuant to Correction Law 6–C.
LEVENTHAL, J.P., HINDS–RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.