| People v Medina |
| 2014 NY Slip Op 04180 [118 AD3d 764] |
| June 11, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Daz Medina, Appellant. |
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), forappellant.
Appeal by the defendant from an order of the County Court, Dutchess County(Forman, J.), dated March 14, 2011, which, after a hearing, designated him a level threesex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant was assessed 140 points on the Risk Assessment Instrument preparedby the Board of Examiners of Sex Offenders, designating him a presumptive level threesex offender. He only contested 20 of the 140 points assessed. Even without those points,the defendant was a presumptive level three sex offender. In any event, the assessment ofthose 20 points was proper, since the uncontroverted evidence in the record establishedthat the defendant developed a relationship with the victim for the purpose of victimizingher (see Sex Offender Registration Act: Risk Assessment Guidelines andCommentary at 12 [2006]; People v Smith, 103 AD3d 616, 617 [2013]; People v Carroll, 102 AD3d848, 849 [2013]).
At the hearing, the defendant failed to establish by a preponderance of the credibleevidence a mitigating factor or factors " 'of a kind, or to a degree. . . not adequately taken into account by the guidelines' " (People v Johnson, 11 NY3d416, 421 [2008], quoting Sex Offender Registration Act: Risk AssessmentGuidelines and Commentary at 4 [2006]; see People v Worrell, 113 AD3d 742, 743 [2014]; People v Parilla, 109 AD3d20 [2013]; People vWyatt, 89 AD3d 112, 127 [2011]).
The defendant's remaining contentions are without merit.
Accordingly, the County Court properly designated him a level three sex offender.Rivera, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.