| People v Mundo |
| 2012 NY Slip Op 06460 [98 AD3d 1292] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jesus Mundo,Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), entered February7, 2011. 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: Defendant appeals from an order determining that he is a level two risk underthe Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). Wereject defendant's contention that County Court's assessment of 15 points for a history of drug oralcohol abuse, which was based upon the recommendation in the risk assessment instrumentprepared by the Board of Examiners of Sex Offenders, is not supported by the requisite clear andconvincing evidence (see generally § 168-n [3]). Although defendant testified atthe SORA hearing that he did not have a history of drug or alcohol abuse, the court was entitledto reject that testimony inasmuch as it was contradicted by defendant's statements regarding hismarihuana and alcohol use that were set forth in the presentence report (see People v Longtin, 54 AD3d1110, 1111 [2008], lv denied 11 NY3d 714 [2009]). Furthermore, the recordestablishes that defendant was required to attend drug and alcohol treatment while incarcerated,thus further supporting the court's assessment of points for a history of drug or alcohol abuse.Present—Scudder, P.J., Smith, Centra, Lindley and Martoche, JJ.