Opinion
2012-12-19
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 16, 2011, which, *531after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
The County Court properly designated the defendant a level two sex offender. Contrary to the defendant's contention, the County Court properly assessed 15 points under risk factor 11 (Drug or Alcohol Abuse–History of Abuse) ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v. Gulley, 99 A.D.3d 979, 952 N.Y.S.2d 464;People v. Deturris, 90 A.D.3d 727, 934 N.Y.S.2d 336;People v. Harris, 74 A.D.3d 767, 901 N.Y.S.2d 534).