People v Britt
2009 NY Slip Op 07604 [66 AD3d 853]
October 20, 2009
Appellate Division, Second Department
As corrected through Wednesday, December 9, 2009


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

[*1]Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Samantha Baer on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Lott, J.), datedOctober 20, 2008, which, after a hearing, designated him a level two sex offender pursuant toCorrection Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the hearing court properly assessed points for riskfactor 7 because he was a stranger to the victim (see People v Lewis, 45 AD3d 1381 [2007]; People v Penson, 38 AD3d 866,867 [2007]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12[2006] [hereinafter Guidelines]). Furthermore, the court properly assessed points for risk factor11, given the defendant's admission regarding his alcohol usage at the time of the offense (see People v Carpenter, 60 AD3d833 [2009]; People v Robinson,55 AD3d 708 [2008]; Guidelines at 15).

The defendant's remaining contentions are without merit. Prudenti, P.J., Miller, Chambersand Roman, JJ., concur.


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