| People v Williams |
| 2012 NY Slip Op 07283 [100 AD3d 610] |
| November 7, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KevinWilliams, 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 (Marrus, J.),dated December 16, 2010, which, after a hearing, designated him a level three sexually violentoffender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly determined that the assessment of 15 points under risk factor 11(Drug or Alcohol Abuse-History of Abuse), was supported by clear and convincing evidence.Specifically, based upon the case summary and probation report relied upon by the hearing court(see People v Mingo, 12 NY3d563, 571 [2009]; People vLewis, 37 AD3d 689 [2007]), the defendant had a history of substance abuse, andfurther, the defendant had admitted that his marijuana use may have caused him to commit one ofthe underlying offenses (see People vRobinson, 55 AD3d 708 [2008]). Additionally, the assessment of 10 points under riskfactor 13 (Conduct while confined/supervised-Unsatisfactory) was supported by clear andconvincing evidence. The defendant's unsatisfactory conduct during his incarceration wasestablished by the case summary, which revealed that he recently committed a tier III disciplinaryviolation (see People v Mabee, 69AD3d 820, 821 [2010]). Thus, the Supreme Court properly designated the defendant a levelthree sexually violent offender. Florio, J.P., Dickerson, Sgroi and Miller, JJ., concur.