| People v Irizarry |
| 2012 NY Slip Op 06330 [98 AD3d 1193] |
| September 27, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Tony J.Irizarry, Appellant. |
—[*1] James E. Conboy, District Attorney, Fonda (Sarah J. Leszczynski of counsel), forrespondent.
Mercure, J.P. Appeal from an order of the County Court of Montgomery County (Catena, J.),entered May 27, 2010, which classified defendant as a risk level three sex offender pursuant tothe Sex Offender Registration Act.
Upon pleading guilty to one count of criminal sexual act in the second degree in satisfactionof a 12-count indictment, defendant was sentenced to a prison term of three years, to be followedby a period of postrelease supervision. In anticipation of his release from prison, the Board ofExaminers of Sex Offenders prepared a risk assessment instrument in accordance with the SexOffender Registration Act (see Correction Law art 6-C), presumptively classifyingdefendant as a risk level three sex offender. Following a hearing, County Court adopted theBoard's recommendation and classified defendant as a risk level three sex offender. Defendantappeals.
Despite his claim that he no longer abuses drugs or alcohol, defendant'shistory—including his admission that he began to use both marihuana and alcohol in histeens, his subsequent diagnosis as cocaine, alcohol and cannabis dependent, and his priorunsuccessful participation in alcohol and substance abuse treatment programs—supportsCounty Court's assessment of 15 points for drug and alcohol abuse (see People v Reyes, 48 AD3d 267,268 [2008], lv denied 10 NY3d 711 [2008]; People v Whaley, 38 AD3d 1106, 1107 [2007]). As for his criminalhistory, although most of defendant's numerous past offenses were misdemeanors, he also had ayouthful offender adjudication for attempted burglary in the second degree, a class [*2]D violent felony, warranting the assessment of 30 points (see People v Stacconi, 81 AD3d1046, 1046-1047 [2011]; People vIrving, 45 AD3d 1389, 1389-1390 [2007], lv denied 10 NY3d 703 [2008]).Accordingly, defendant was properly classified as a risk level three sex offender.
Rose, Spain, Malone Jr. and Garry, JJ., concur. Ordered that the order is affirmed, withoutcosts.