PEOPLE v. BELANGER (2009)

 Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.).   We reject the contention of defendant that County Court erred in assessing points against him based on his unsatisfactory conduct while under probation supervision.   Defendant pleaded guilty to violating the terms of his probation, and the court thus properly concluded that the assessment of 10 points was warranted (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary, at 16 [2006] ).   Contrary to the further contention of defendant, the court properly assessed 15 points against him based on his release without any parole or probation supervision (see Risk Assessment Guidelines and Commentary, at 17;  People v. Brown-McKnight, 45 A.D.3d 1334, 845 N.Y.S.2d 601, lv. denied 10 N.Y.3d 701, 853 N.Y.S.2d 542, 883 N.E.2d 369;  People v. Donhauser [Appeal No. 1], 37 A.D.3d 1053, 829 N.Y.S.2d 772, lv. denied 8 N.Y.3d 815, 839 N.Y.S.2d 454, 870 N.E.2d 695).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: