Opinion
No. 570935/10.
2013-02-1
The PEOPLE of the State of New York, Respondent, v. Milton LESTA, Defendant–Appellant.
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), entered September 29, 2010, which, after a hearing, designated him a level two sex offender pursuant to the Sex Offender Registration Act.
Present: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
PER CURIAM.
Order (Marc J. Whiten, J.), entered September 29, 2010, affirmed.
The court properly adjudicated defendant a level two sex offender. Defendant's challenge to the 15–point assessment for a history of drug and alcohol abuse is lacking in merit, in view of his extensive history of drug-related convictions and his ready admission that he had “problems with marijuana addiction” ( see People v. Valentin, 57 AD3d 268, 268 [2008],lv denied12 NY3d 705 [2009];People v. Regan, 46 AD3d 1434 [2007] ), and this despite the prosecutor's erroneous concession on the point below ( see People v. Epstein, 89 AD3d 570, 571–572 [2011] ). Since these points, when added to points that defendant does not contest, qualify him as a level two offender, we need not reach defendant's challenge to the 10–point assessment for risk factor 1 (use of violence [forcible compulsion] ). The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level ( see People v. Guaman, 8 AD3d 545 [2004] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.