| People v MacDowall |
| 2009 NY Slip Op 00611 [59 AD3d 763] |
| February 5, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v WilliamMacDowall, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from an order of the County Court of Broome County (Smith, J.), entered February25, 2008, which classified defendant as a risk level three sex offender pursuant to the SexOffender Registration Act.
Defendant pleaded guilty to criminal sexual act in the third degree and was sentenced to oneyear in the Broome County jail for engaging in a sexual relationship with a 15-year-old victim.Subsequently, the Board of Examiners of Sex Offenders assigned defendant a risk assessmentscore of 110, thereby presumptively classifying him as a risk level three sex offender. Followinga hearing, County Court assigned defendant an additional five points under the category of priorcriminal record, for a total score of 115, and classified him as a risk level three sex offender.Defendant now appeals, claiming that he was improperly assessed points for a history of drug oralcohol abuse and failure to accept responsibility. Given defendant's testimony at the hearing, hisstatements during his presentence interview, and the victim impact statement, we conclude thatthe challenged assessments are supported by clear and convincing evidence and, therefore, weaffirm (see People v Longtin, 54AD3d 1110, 1111 [2008], lv denied 11 NY3d 714 [2008]; People v Dubuque, 35 AD3d1011, 1011-1012 [2006]; People vAshley, 19 AD3d 882, 883 [2005]; see also People v Redcross, 54 AD3d 1116, 1116 [2008]).
Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the order isaffirmed, without costs.