| People v Alemany |
| 2008 NY Slip Op 08401 [56 AD3d 251] |
| November 6, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Miguel Alemany, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Aaron Ginandes of counsel), forrespondent.
Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or aboutMarch 10, 2006, which adjudicated defendant a level two sex offender pursuant to the SexOffender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to theextent of reducing the classification to that of a level one sex offender, and otherwise affirmed,without costs.
The evidence established that, at most, defendant's future living situation was uncertain inthat, although he was described as homeless at the time of his arrest, upon his release fromincarceration under the supervision of the Department of Probation, he was advised to go to theBellevue men's shelter where he would be assisted by a community organization in trying to findemployment. This was insufficient as a matter of law to meet the People's burden of showing, byclear and convincing evidence, that defendant's living situation was inappropriate (seeCorrection Law § 168-n [3]; People v Ruddy, 31 AD3d 517 [2006], lv denied 7 NY3d714 [2006]), and defendant should not have been assessed 10 points under risk factor 15(inappropriate living or employment situation).
Since the point assessment for risk factor 15 was the only assessment at issue, there was noneed for the court to make findings as to any other matters. Concur—Lippman, P.J.,Andrias, Saxe, Sweeny and DeGrasse, JJ.