| People v Gulley |
| 2012 NY Slip Op 07094 [99 AD3d 979] |
| October 24, 2012 |
| Appellate Division, Second Department |
| People of State of New York, Respondent, v ClaudeGulley, Jr., Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), forrespondent.
Appeal by the defendant, as limited by his brief, from so much of an order of the CountyCourt, Suffolk County (Kahn, J.), dated May 10, 2011, as, after a hearing, designated him a leveltwo sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The County Court properly designated the defendant a level two sex offender. Contrary to thedefendant's contention, the County Court properly determined that the assessment of 15 pointsunder risk factor 11 (Drug or Alcohol Abuse-History of Abuse) of the risk assessment instrumentwas supported by clear and convincing evidence. The case summary prepared by the Board ofExaminers of Sex Offenders and the defendant's own testimony at the risk level assessmenthearing established that the defendant had a history of alcohol and drug abuse (see People v Crandall, 90 AD3d628, 629 [2011]; People vMurphy, 68 AD3d 832, 833 [2009]; People v Williams, 34 AD3d 662, 663 [2006]; People v Masters, 19 AD3d 387[2005]). Eng, P.J., Skelos, Lott and Cohen, JJ., concur.