People v King
2013 NY Slip Op 07949 [111 AD3d 909]
November 27, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent,
v
Kenneth King, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel; Randi Lee on the brief), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam M. Koelsch of counsel; Aron Gerstel on the brief), for respondent.

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Tomei, J.), dated April 18, 2012, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly designated the defendant a level three sex offender. Contrary to the defendant's contention, the Supreme Court properly determined that the assessment of 15 points under risk factor 11, based on a history of drug or alcohol abuse, was supported by clear and convincing evidence (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v Geehreng, 101 AD3d 975 [2012]; People v Fryer, 101 AD3d 835 [2012]; People v Finizio, 100 AD3d 977, 978 [2012]). Rivera, J.P., Dillon, Roman and Miller, JJ., concur.