| People v Thompson |
| 2009 NY Slip Op 07029 [66 AD3d 1455] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Mark A.Thompson, Appellant. |
—[*1] Edward M. Sharkey, District Attorney, Little Valley (Lori Pettit Rieman of counsel), forrespondent.
Appeal from an order of the Cattaraugus County Court (Larry M. Himelein, J.), entered May14, 2008. The order determined that defendant is a level two risk pursuant to the Sex OffenderRegistration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant tothe Sex Offender Registration Act (Correction Law § 168 et seq.), defendantcontends that County Court erred in assessing points against him for a history of substance abuseand that the People failed to establish by clear and convincing evidence that his risk of repeatoffense was moderate. We reject that contention. The court's risk level assessment is supportedby the reliable hearsay contained in the case summary and the presentence report (see generally People v Ramos, 41AD3d 1250 [2007], lv denied 9 NY3d 809 [2007]; People v Jordan, 31 AD3d 1196[2006], lv denied 7 NY3d 714 [2006]). Although defendant further contends that thePeople failed to establish by clear and convincing evidence that he failed to accept responsibilityfor his criminal behavior, the record in fact reflects that the court did not assess any pointsagainst him based on that risk factor. Present—Martoche, J.P., Centra, Fahey, Peradottoand Green, JJ.