Opinion
05-26-2016
The PEOPLE of the State of New York, Respondent, v. Agustine GARCIA, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Opinion Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about April 29, 2015, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art. 6–C), unanimously affirmed, without costs.
Defendant was properly assessed 20 points under the risk factor for continuing course of sexual misconduct based on the case summary, which states that defendant engaged in sexual misconduct “on separate occasions” on or about and between August 3, 2010 and September 17, 2010 (People v. Mingo, 12 N.Y.3d 563, 568 n. 2, 573 [2009], 883 N.Y.S.2d 154, 910 N.E.2d 983 ; People v. Wagner, 75 A.D.3d 674, 675, 905 N.Y.S.2d 326 [3d Dept.], lv. denied 15 N.Y.3d 712, 2010 WL 4117107 [2010] ). Accordingly, defendant was properly adjudicated a level two sex offender based on clear and convincing evidence.
MAZZARELLI, J.P., ANDRIAS, RICHTER, MANZANET–DANIELS, KAHN, JJ., concur.