People v Brown
2009 NY Slip Op 07383 [66 AD3d 748]
October 13, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent,
v
Alfred Brown, Appellant.

[*1] Gerald Zuckerman, Ossining, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Westchester County (Zambelli, J.), dated March 21, 2007, which, after a hearing, adjudicated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's contention that he was improperly assessed 25 points on the risk assessment instrument for a history of substance abuse and a failure to accept responsibility need not be addressed since there was a sufficient basis to designate him a level three sex offender based upon the 115 points assessed for factors he does not contest (see People v Murphy, 33 AD3d 778 [2006]; People v Lombard, 30 AD3d 573 [2006]). Mastro, J.P., Balkin, Dickerson and Lott, JJ., concur.