People v Pettigrew
2009 NY Slip Op 01301 [59 AD3d 276]
February 19, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent,
v
Avery Pettigrew, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 12, 2007, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the court's point assessments under the risk factors of being armed with a dangerous instrument (see People v Walker, 15 AD3d 692 [2005]), history of drug or alcohol abuse (see People v Gonzalez, 48 AD3d 284 [2008], lv denied 10 NY3d 711 [2008]) and failure to accept responsibility (see People v Lewis, 37 AD3d 689 [2007], lv denied 8 NY3d 814 [2007]). Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.