| People v Palmer |
| 2011 NY Slip Op 07020 [88 AD3d 676] |
| October 4, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Palmer, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), datedFebruary 16, 2010, which, after a hearing pursuant to Correction Law article 6-C, designated hima level two sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, in determining his risk level under the Sex OffenderRegistration Act (see Correction Law art 6-C), the Supreme Court properly assessedpoints under risk factor 11, pertaining to "[d]rug or [a]lcohol [a]buse," based upon his admissionthat he was using alcohol at the time of the offense (Sex Offender Registration Act: RiskAssessment Guidelines and Commentary, at 15 [2006]; see People v Sterling, 71 AD3d 654 [2010]; People v Britt, 66 AD3d 853[2009]; People v Carpenter, 60AD3d 833 [2009]). Accordingly, the defendant was properly designated a level two sexoffender. Mastro, J.P., Florio, Eng and Sgroi, JJ., concur.