Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), entered September 29, 2010, which, after a hearing, designated him a level two sex offender pursuant to the Sex Offender Registration Act.

Per Curiam.

Order (Marc J. Whiten, J.), entered September 29, 2010, affirmed.

The court properly adjudicated defendant a level two sex offender. Defendant's challenge to the 15-point assessment for a history of drug and alcohol abuse is lacking in merit, in view of his extensive history of drug-related convictions and his ready admission that he had "problems with marijuana addiction" (see People v Valentin, 57 AD3d 268, 268 [2008], lv denied 12 NY3d 705 [2009]; People v Regan, 46 AD3d 1434 [2007]), and this despite the prosecutor's erroneous concession on the point below (see People v Epstein, 89 AD3d 570, 571-572 [2011]). Since these points, when added to points that defendant does not contest, qualify him as a level two offender, we need not reach defendant's challenge to the 10-point assessment for risk factor 1 (use of violence [forcible compulsion]). The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: February 01, 2013