| People v Tejada |
| 2008 NY Slip Op 04269 [51 AD3d 472] |
| May 8, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v EliasTejada, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), forrespondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about May19, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex OffenderRegistration 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 two sex offender adjudication. The courtproperly assessed points under the risk factor for relationship with the victim. Defendant and thevictim were clearly strangers at the time of the sex crime, since his Internet exchanges with thevictim over the course of three days did not rise to the level of any manner of acquaintanceship.In any event, to the extent defendant established a relationship, this was for the primary purposeof victimization, which was an alternative basis for the assessment under the guidelines. Thecourt properly assessed points under the factor for alcohol abuse, since defendant's ownadmission was sufficient to establish that factor (see e.g. People v Reyes, 48 AD3d 267 [2008]), and properlyassessed points under the factor for lack of supervised release, even though this was a matterbeyond defendant's control (see People vLewis, 37 AD3d 689, 690 [2007], lv denied 8 NY3d 814 [2007]).Concur—Lippman, P.J., Mazzarelli, Sweeny, Moskowitz and Renwick, JJ.