| People v Imbert |
| 2008 NY Slip Op 01431 [48 AD3d 297] |
| February 19, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v EdgarImbert, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), forrespondent.
Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or aboutNovember 15, 2005, which adjudicated defendant a level three sex offender under the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The People met their burden of establishing, by clear and convincing evidence, risk factorsbearing a sufficient total point score to support a level three sex offender adjudication. Since thevictim's grand jury testimony, standing alone, clearly established that defendant used a dangerousinstrument during the rape, the court properly assessed points under the corresponding risk factor(see Correction Law § 168-n [3]; People v Quintana, 29 AD3d 308 [2006], lv denied 7 NY3d709 [2006]). The court also properly assessed points under the risk factor for drug abuse, basedon the case summary and presentence reports (see People v Ramos, 41 AD3d 1250 [2007], lv denied 9NY3d 809 [2007]), and defendant's claim of improper double counting is without merit.Defendant did not establish any special circumstances warranting a downward departure from hispresumptive risk level (see People vGuaman, 8 AD3d 545 [2004]). Concur—Tom, J.P., Nardelli, Williams andMcGuire, JJ.