Opinion
2014–01433
09-02-2020
PEOPLE of State of New York, respondent, v. Luis HERNANDEZ, appellant.
Janet E. Sabel, New York, N.Y. (Kerry Elgarten of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Kerry Elgarten of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER Appeal by the defendant from an order of the Supreme Court, Kings County (Patricia DiMango, J.), dated February 6, 2014, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
In this proceeding to determine the defendant's risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6–C; hereinafter SORA), the Board of Examiners of Sex Offenders assessed the defendant a total of 100 points, which presumptively placed him in a risk level two category. At the SORA hearing, the Supreme Court, inter alia, granted the People's request to assess an additional 15 points under risk factor 1 for the infliction of physical injury upon the victim, and designated the defendant a level three sex offender. The defendant appeals.
We agree with the Supreme Court's assessment of 15 points under risk factor 1, since the People established, by clear and convincing evidence, including the victim's grand jury testimony, that the defendant inflicted physical injury upon the victim (see People v. Gonzalez, 129 A.D.3d 806, 9 N.Y.S.3d 879 ; People v. Kruger, 88 A.D.3d 1169, 931 N.Y.S.2d 753 ).
In light of our determination, we need not reach the defendant's remaining contention.
Accordingly, we agree with the Supreme Court's determination designating the defendant a level three sex offender.
MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.