| People v Gonzalez |
| 2008 NY Slip Op 01404 [48 AD3d 284] |
| February 14, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Ruben Gonzalez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), forrespondent.
Order, Supreme Court, New York County (Bruce Allen, J.), entered on or about April 11,2006, which adjudicated defendant a level two sex offender pursuant to the Sex OffenderRegistration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.
The court's assessment of 15 points for the risk factor of history of drug or alcohol abuse wassupported by clear and convincing evidence. Reliable documentary evidence relating todefendant's incarceration, as well as his own admissions, established that he had been diagnosedas chemically dependent and treated for substance abuse. We reject defendant's argument thatthis history is excessively remote. Defendant served approximately eight years in prison and hadonly been at liberty for less than a year at the time of his SORA hearing. Defendant's abstinenceand participation in treatment while he was incarcerated are "not necessarily predictive of hisbehavior when no longer under such supervision." (People v Warren, 42 AD3d 593, 594 [2007], lv denied 9NY3d 810 [2007]; compare People vWilbert, 35 AD3d 1220 [2006]). Defendant did not establish any special circumstanceswarranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d545 [2004]). Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.