People v Geehreng

2012 NY Slip Op 08707 [101 AD3d 975]

December 19, 2012

Appellate Division, Second Department

As corrected through Wednesday, February 6, 2013

The People of the State of New York,Respondent, v Robert Geehreng, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), datedJune 16, 2011, which, after a hearing, designated him a level two sex offender pursuant toCorrection Law article 6-C.

Ordered that the order is affirmed, 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 assessed 15 points under risk factor 11 (Drugor Alcohol Abuse-History of Abuse) (see Sex Offender Registration Act: RiskAssessment Guidelines and Commentary at 15 [2006]; People v Gulley, 99 AD3d 979 [2012]; People v Deturris, 90 AD3d 727[2011]; People v Harris, 74 AD3d767 [2010]). Rivera, J.P., Dillon, Leventhal and Chambers, JJ., concur.