| People v Leung |
| 2008 NY Slip Op 09768 [57 AD3d 636] |
| December 9, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| mThe People of the State of New York, Respondent, v Keenan Leung, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of
counsel; Ross Yaggy on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated September 11, 2007, which, after a hearing, designated him a level three 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, there was clear and convincing proof to warrant the assessment of points against him for a history of substance abuse as set forth in the risk assessment instrument of the Board of Examiners of Sex Offenders (hereinafter the RAI). The Supreme Court properly designated the defendant a level three sex offender based upon the facts of the case and the RAI (see Correction Law § 168-n; People v Smolen, 47 AD3d 623 [2008]; People v Yarborough, 43 AD3d 1129 [2007]; People v Grimmett, 29 AD3d 766 [2006]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.