Opinion
No. 1341 Ind No. 6605/96 Case No. 2021-03099
01-04-2024
The People of the State of New York, Respondent, v. Robert Story, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Adrienne Wells of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Larry Glasser of counsel), for respondent.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Adrienne Wells of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Larry Glasser of counsel), for respondent.
Before: Singh, J.P., Scarpulla, Pitt-Burke, Higgitt, O'Neill Levy, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about August 13, 2021, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court's assessment of 15 points under the risk factor for drug or alcohol abuse was supported by clear and convincing evidence, which consisted of defendant's admissions to drug and alcohol use, convictions for drug possession, diagnostic assessment, referral to substance abuse treatment, and disciplinary infraction for alcohol possession (see People v Neal, 214 A.D.3d 421 [1st Dept 2023], lv denied 39 N.Y.3d 916 [2023]; People v Correa, 202 A.D.3d 413, 414 [1st Dept 2022], lv denied 38 N.Y.3d 909 [2022]).
The court providently exercised its discretion in declining to grant a downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors cited by defendant were either adequately taken into account by the risk assessment instrument or were outweighed by the aggravating factors.