| People v Reede |
| 2014 NY Slip Op 00212 [113 AD3d 663] |
| January 15, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Thomas Reede, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons andJacqueline Rosenblum of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Nassau County(Calabrese, J.), dated August 8, 2011, which, after a hearing, designated him a level twosex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, he was properly assessed 15 points under riskfactor 11 (history of drug or alcohol abuse) based on information contained in thepresentence report (see People vBoykin, 102 AD3d 937 [2013]; People v Murphy, 68 AD3d 832, 832-833 [2009]; People v Masters, 19 AD3d387 [2005]). In light of the defendant's contradictory statements, including his denialof his guilt when interviewed by the Nassau County Probation Department, the defendantwas also properly assessed 10 points under risk factor 12 for failure to acceptresponsibility for his criminal conduct (see People v Mosley, 106 AD3d 1067, 1068 [2013]; People v Vega, 79 AD3d718, 719 [2010]).
The Supreme Court properly denied the defendant's application for a downwarddeparture from his presumptive risk level two designation. Since the defendant failed toidentify a mitigating factor not otherwise adequately taken into account by the SexOffender Registration Act Guidelines, the Supreme Court lacked the discretion to grantsuch a downward departure (seePeople v Martinez, 104 AD3d 924, 924-925 [2013]; People v Whidbee, 101 AD3d840 [2012]; People vPeeples, 98 AD3d 491, 491-492 [2012]).
The defendant's contention that the Supreme Court deprived him of due process byusing a Risk Assessment Instrument in determining his risk level is without merit (see People v Guitard, 57 AD3d751 [2008]; People vWashington, 47 AD3d 908, 909 [2008]; People v Flowers, 35 AD3d 690, 690-691 [2006]). Mastro,J.P., Chambers, Lott and Miller, JJ., concur.