| People v Englant |
| 2014 NY Slip Op 04305 [118 AD3d 1289] |
| June 13, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vTimothy J. Englant, Appellant. |
Hogan Willig, PLLC, Amherst (Geffrey Gismondi of counsel), fordefendant-appellant.
Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from an order of the Orleans County Court (James P. Punch, J.), dated April9, 2013. The order determined that defendant is a level three risk pursuant to the SexOffender Registration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed withoutcosts.
Memorandum: Defendant appeals from an order determining that he is a level threerisk under the Sex Offender Registration Act (Correction Law § 168 etseq.). We reject defendant's contention that County Court's assessment of 15 pointsfor history of drug or alcohol abuse, which was based upon the recommendation in therisk assessment instrument prepared by the Board of Examiners of Sex Offenders, is notsupported by clear and convincing evidence. The court was entitled to reject defendant'sassertions that his prior drug or alcohol use was recreational, occasional, and did notconstitute abuse, inasmuch as those assertions are contradicted by his admissions to theProbation Department, as well as his participation in alcohol and substance abusetreatment prior to and during his incarceration (see People v St. Jean, 101 AD3d 1684, 1684 [2012]; People v Mundo, 98 AD3d1292, 1293 [2012], lv denied 20 NY3d 855 [2013]; cf. People v Palmer, 20 NY3d373, 378-379 [2013]). Present—Centra, J.P., Fahey, Peradotto, Lindley andValentino, JJ.