| People v Williams |
| 2013 NY Slip Op 00070 [102 AD3d 665] |
| January 9, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ali Williams, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.
Dennehy of counsel; Julie C. Ruggieri on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated December 14, 2010, which, after a hearing, designated him a level three sexually violent 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 assessment of 10 points under risk factor 13 (Conduct while confined/supervised-Unsatisfactory) was supported by clear and convincing evidence. The defendant's unsatisfactory conduct during his incarceration was established by the case summary, which revealed that he committed a tier II disciplinary violation in 2009 and a tier III disciplinary violation in 2010 (see People v Williams, 100 AD3d 610 [2012]; People v Mabee, 69 AD3d 820, 821 [2010]). Thus, the Supreme Court properly designated the defendant a level three sexually violent offender. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.