| People v Carroll |
| 2013 NY Slip Op 00317 [102 AD3d 848] |
| January 23, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Peter Carroll, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Laurie G.Sapakoff, Steven A. Bender, and Richard Longworth Hecht of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Westchester County(Cacace, J.), entered September 8, 2011, which, after a hearing, designated him a leveltwo sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant challenges his designation as a level two sex offender pursuant to theSex Offender Registration Act (see Correction Law art 6-C) following hisconviction in the United States District Court for the Southern District of New York on acharge of possession of child pornography.
Contrary to the defendant's contention, the County Court properly assessed him 30points under risk factor 3 (number of victims) and 20 points under risk factor 7(relationship with victim) (seePeople v Johnson, 11 NY3d 416, 419-421 [2008]; People v Harding, 87 AD3d627 [2011]; People vBretan, 84 AD3d 906, 907 [2011]). Further, based on the defendant's ownstatements regarding his use of alcohol, the County Court properly assessed him 15points under risk factor 11 (drug or alcohol abuse) (see People v Gulley, 99 AD3d 979 [2012]; People v Murphy, 68 AD3d832, 833 [2009]; People vArnold, 35 AD3d 827 [2006]).
To the extent that the defendant established facts that might warrant a downwarddeparture from his presumptive risk level two designation (see People v Johnson,11 NY3d at 421; People v Bretan, 84 AD3d at 907-908), upon examining allcircumstances relevant to the defendant's risk of reoffense and danger to the community,the County Court providently exercised its discretion in denying the defendant'sapplication for a downward departure (see People v Wyatt, 89 AD3d 112, 127-128 [2011];People v Harding, 87 AD3d at 627; People v Bretan, 84 AD3d at907-908; People v Stella,71 AD3d 970 [2010]). Balkin, J.P., Lott, Austin and Sgroi, JJ., concur.