| People v Rouff |
| 2008 NY Slip Op 01931 [49 AD3d 517] |
| March 4, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edward Rouff, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Jason P.Weinstein of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Kase, J.),dated September 20, 2005, which, after a hearing, designated him a level two sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court properly assessed him 20 pointsunder risk factor number 4 (continuing course of sexual misconduct), based on clear andconvincing evidence that the defendant engaged in several acts of sexual contact with the childvictim over a period of approximately 2 years (see People v Mingo, 49 AD3d 148 [2dDept 2008]; People v Atkinson, 34AD3d 551 [2006]; People v Terdeman, 175 Misc 2d 379, 382-384 [1997]).
The defendant was also properly assessed 15 points under risk factor number 12, based onhis failure to accept responsibility for the underlying offenses, coupled with his expulsion from asex offender treatment program in 2001 (see People v Lewis, 37 AD3d 689 [2007]; People v Morales, 33 AD3d 982[2006]). Moreover, the Supreme Court properly assessed 15 points under risk factor number 14because of the defendant's unsupervised release from prison (see People v Lewis, 37 AD3d 689 [2007]).
In light of the above, the defendant was properly designated a level two sex offender. Skelos,J.P., Fisher, Covello and Eng, JJ., concur.