Opinion
03-31-2017
The PEOPLE of the State of New York, Respondent, v. Darshawn T. JOHNSON, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. ). To the extent that defendant contends that County Court erred in calculating his risk level by improperly assessing points for his history of substance abuse and his failure to accept responsibility for his crime, we reject that contention (see generally People v. Cathy, 134 A.D.3d 1579, 1579, 22 N.Y.S.3d 747 ; People v. Noriega, 26 A.D.3d 767, 808 N.Y.S.2d 529, lv. denied 6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971 ). Furthermore, the court properly determined that defendant is a presumptive level three risk based upon his prior felony conviction of a sex crime (see People v. Walker, 146 A.D.3d 569, 569, 45 N.Y.S.3d 80 ; People v. Judd, 29 A.D.3d 431, 431, 814 N.Y.S.2d 165, lv. denied 7 N.Y.3d 709, 822 N.Y.S.2d 483, 855 N.E.2d 799 ).
We have considered defendant's further contention and conclude that it is without merit.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
CENTRA, J.P., CARNI, LINDLEY, CURRAN, and TROUTMAN, JJ., concur.