| People v Chambers |
| 2009 NY Slip Op 07384 [66 AD3d 748] |
| October 13, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Marvin Chambers, Appellant. |
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Appeal by the defendant, as limited by his brief, from so much of an order of the SupremeCourt, Kings County (Brennan, J.), dated January 9, 2008, as, after a hearing, designated him alevel two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The People met their burden of establishing, by clear and convincing evidence, risk factorsbearing sufficient total points to support a level two sex offender adjudication pursuant toCorrection Law article 6-C. The defendant was properly assessed points for drug or alcoholabuse, as he admitted abusing drugs at the time he committed the offense (see People v Carpenter, 60 AD3d833 [2009]; People v Morales,33 AD3d 982, 983 [2006]; Sex Offender Registration Act: Risk Assessment Guidelinesand Commentary, at 15 [2006]). Moreover, the defendant allocuted that he was in possession ofa BB-gun at the time of the commission of the crime and threatened to put a "cap" in the victimat the time of the incident if she did not comply with his command. Accordingly, the Peoplepresented clear and convincing evidence that the defendant was armed with a dangerousinstrument at the time of the offense (see People v Walker, 15 AD3d 692 [2005]; cf. People v Swain, 46 AD3d1157, 1158 [2007]), and should be designated a presumptive risk level two. Skelos, J.P.,Covello, Leventhal and Roman, JJ., concur.