People v Pettigrew

2009 NY Slip Op 01301 [59 AD3d 276]

February 19, 2009

Appellate Division, First Department

As corrected through Wednesday, April 1, 2009

The People of the State of New York,Respondent, v Avery Pettigrew, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York (Nancy E. Little of counsel), forappellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), forrespondent.

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 12,2007, which adjudicated defendant a level three sex offender under the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the court's point assessments under the risk factorsof being armed with a dangerous instrument (see People v Walker, 15 AD3d 692 [2005]), history of drug oralcohol abuse (see People vGonzalez, 48 AD3d 284 [2008], lv denied 10 NY3d 711 [2008]) and failure toaccept responsibility (see People vLewis, 37 AD3d 689 [2007], lv denied 8 NY3d 814 [2007]).Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.