Opinion
No. 2009-07075.
June 1, 2010.
Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated July 9, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Frank T. Kelly, Bayside, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Liana Chirila on the brief), for respondent.
Before: Rivera, J.P., Florio, Angiolillo and Austin, JJ.
Ordered that the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level three sex offender ( see People v Fisher, 36 AD3d 880; People v Guaman, 8 AD3d 545; see also People v Mingo, 12 NY3d 563, 571). There is no merit to the defendant's contention that the Supreme Court erred in assessing him 15 points under risk factor 11 ("Drug or Alcohol Abuse") ( see People v Murphy, 68 AD3d 832; People v Banks, 48 AD3d 656).