People v Vere
2013 NY Slip Op 04318 [107 AD3d 774]
June 12, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


The People of the State of New York, Respondent,
v
Jose Vere, Appellant.

—[*1] Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated February 14, 2012, which, after a hearing, designated him a level two 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, the County Court properly assessed him 15 points under risk factor 11 for a history of alcohol abuse (see People v Finizio, 100 AD3d 977, 978 [2012]; People v Harris, 93 AD3d 704, 705 [2012]; People v Goodwin, 49 AD3d 619, 620-621 [2008]; see generally People v Palmer, 20 NY3d 373 [2013]). Accordingly, the defendant's assessment as a level two sex offender will not be disturbed. Dillon, J.P., Angiolillo, Chambers and Hinds-Radix, JJ., concur.