PEOPLE v. LOPEZ (2020)

MEMORANDUM AND ORDER

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

Memorandum: 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.). Contrary to defendant's contention, Supreme Court properly assessed 15 points under risk factor 11 for a history of drug or alcohol abuse inasmuch as “ ‘[t]he statements in the case summary and presentence report with respect to defendant's substance abuse constitute reliable hearsay supporting the court's assessment of points under th[at] risk factor’ ” (People v. Kunz, 150 A.D.3d 1696, 1696, 53 N.Y.S.3d 788 (4th Dept. 2017), lv denied 29 N.Y.3d 916, 64 N.Y.S.3d 666, 86 N.E.3d 558 [2017]). Here, the case summary and presentence report establish that defendant began using marihuana, alcohol, and cocaine as a teenager; that he has a history of drug-related offenses; that he received multiple sanctions for drug use while incarcerated for the underlying sex offense; and that, although he was recommended for the Alcohol and Substance Abuse Treatment program while incarcerated, he was unable to complete that program due to his disciplinary sanctions (see generally id. at 1697; People v. Mundo, 98 A.D.3d 1292, 1293, 951 N.Y.S.2d 782 (4th Dept. 2012), lv denied 20 N.Y.3d 855, 959 N.Y.S.2d 125, 982 N.E.2d 1259 [2013]; People v. Carswell, 8 A.D.3d 1073, 1073–1074, 778 N.Y.S.2d 646 (4th Dept. 2004), lv denied 3 N.Y.3d 607, 785 N.Y.S.2d 24, 818 N.E.2d 666 [2004]). We have considered defendant's remaining contention and conclude that it does not require reversal or modification of the order.