People v Youngblood
2008 NY Slip Op 01998 [49 AD3d 294]
March 6, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Andre Youngblood, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Denise Fabiano of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Eleanor J. Ostrow of counsel), for respondent.

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered on or about April 18, 2006, 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 People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. The record supports the court's assessments relating to forcible compulsion, substance abuse history, and conduct while confined. Concur—Mazzarelli, J.P., Saxe, Gonzalez and Acosta, JJ.