Opinion
2013-06-12
PEOPLE of State of New York, respondent, v. Jose VERE, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated February 14, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the County Court properly assessed him 15 points under risk factor 11 for a history of alcohol abuse ( see People v. Finizio, 100 A.D.3d 977, 978, 954 N.Y.S.2d 636;People v. Harris, 93 A.D.3d 704, 705, 940 N.Y.S.2d 127;People v. Goodwin, 49 A.D.3d 619, 620–621, 854 N.Y.S.2d 422;see generally People v. Palmer, 20 N.Y.3d 373, 960 N.Y.S.2d 719, 984 N.E.2d 917). Accordingly, the defendant's assessment as a level two sex offender will not be disturbed.