PEOPLE v. CAMACHO (2022)

Order (Stephen Antignani, J.), dated February 1, 2017, affirmed.

The record supports the level two sex offender adjudication. The SORA court properly assessed 30 points based on defendant's July 10, 2014 conviction for endangering the welfare of a child (see SORA: Risk Assessment Guidelines and Commentary at 13-14; People v Perez, 35 NY3d 85, 88-89 [2020]). Defendant's case summary, pre-sentencing report and DCJS criminal history report (“rap sheet”) provided reliable hearsay (see People v Mingo, 12 NY3d 563, 573-574 [2009]), particularly given that defendant did not dispute the truthfulness or the accuracy of his prior conviction of endangering the welfare of a child (see People v Colon, 139 AD3d 466 [2016], lv denied 28 NY3d 901 [2016]).

The court also properly assessed 15 points under risk factor 11 for defendant's history of drug and alcohol abuse based upon defendant's own admissions, including his statement to probation officials that he had used alcohol and cocaine on a weekly basis, and PCP and marijuana on a daily basis, as well as his criminal history (see People v Smalls, 164 AD3d 1185, 1186 [2018], lv denied 32 NY3d 914 [2019]; People v Smith, 161 AD3d 430 [2018], lv denied 32 NY3d 901 [2018]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur