People v Williams

2013 NY Slip Op 00070 [102 AD3d 665]

January 9, 2013

Appellate Division, Second Department

As corrected through Wednesday, February 27, 2013

The People of the State of New York,Respondent, v Ali Williams, Appellant.

—[*1]Steven Banks, New York, N.Y. (Natalie Rae of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Julie C. Ruggieri on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh,J.), dated December 14, 2010, which, after a hearing, designated him a level threesexually violent offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the assessment of 10 points under risk factor13 (Conduct while confined/supervised-Unsatisfactory) was supported by clear andconvincing evidence. The defendant's unsatisfactory conduct during his incarcerationwas established by the case summary, which revealed that he committed a tier IIdisciplinary violation in 2009 and a tier III disciplinary violation in 2010 (see People v Williams, 100AD3d 610 [2012]; People vMabee, 69 AD3d 820, 821 [2010]). Thus, the Supreme Court properlydesignated the defendant a level three sexually violent offender. Angiolillo, J.P.,Dickerson, Hall and Austin, JJ., concur.