| People v Carpenter |
| 2009 NY Slip Op 01966 [60 AD3d 833] |
| March 17, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Randolph Carpenter, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Westchester County(Bellantoni, J.), dated September 11, 2007, which, after a hearing, designated him a level two sexoffender pursuant 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 two 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, based on hisadmission that he was abusing alcohol at the time of the incident (see People v Conway, 47 AD3d492, 492-493 [2008]; People vMorales, 33 AD3d 982, 983 [2006]). Furthermore, contrary to the defendant'scontention, the court also properly assessed 20 points for the "conduct whileconfined/supervised" risk factor, based on evidence that while he was in custody, he wasinvolved in, and disciplined for, inappropriate sexual behavior (see Sex OffenderRegistration Act: Risk Assessment Guidelines and Commentary, at 16-17 [2006]). Mastro, J.P.,Covello, Dickerson and Leventhal, JJ., concur.