People v Nieves
2020 NY Slip Op 03594 [184 AD3d 515]
June 25, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2020


[*1]
 The People of the State of New York, Respondent,
v
Efrain Nieves, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Beulah Agbabiaka of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Jennifer L. Watson of counsel), for respondent.

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about October 10, 2017, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points under the risk factors for continuing course of sexual misconduct (factor 4) and recency of a prior sex crime (factor 10). The record before the hearing court, including defendant's plea allocution, provided clear and convincing evidence that defendant's pattern of sexual conduct toward a child began in April, 2011, and continued until June, 2012, meeting the requirements under factor 4. The sexual conduct began less than three years from defendant's October 21, 2008 release from prison for his prior sex crime, and extended for a period that amply satisfied the timing requirements under factor 10 (see Correction Law § 168-n [3]). Concur—Friedman, J.P., Richter, Gesmer, Oing, Singh, JJ.