People v Lewis

2008 NY Slip Op 08467 [56 AD3d 447]

November 5, 2008

Appellate Division, Second Department

As corrected through Wednesday, January 7, 2009

The People of the State of New York,Respondent, v Jeffrey Lewis, Appellant.

—[*1]Steven Banks, New York, N.Y. (Denise Fabiano of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated September 18, 2007, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The hearing court correctly determined that the People met their burden of proving by clearand convincing evidence the facts supporting the defendant's designation as a level three sexoffender (see Correction Law § 168-n [3]). Contrary to the defendant's contention,the court properly assessed 15 points for the "drug or alcohol abuse" risk factor, as the grand jurytestimony and his admissions established that he smoked marijuana at the time of the sex offense(see People v Conway, 47 AD3d492, 493 [2008]).

The defendant's remaining contention is unpreserved for appellate review and, in any event,is without merit. Mastro, J.P., Rivera, Covello and Leventhal, JJ., concur.