PEOPLE v. DAVALOS (2023)

Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about December 22, 2016, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–c), unanimously affirmed, without costs.

The court's assessment of 15 points under the risk factor for causing physical injury was supported by clear and convincing evidence.  The grand jury testimony describing defendant's violent attack, in which he inflicted bruises, abrasions, red marks, and resultant pain and soreness, supports an inference of the requisite substantial, that is, “more than slight or trivial” pain (People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007];  see People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994];  People v. Sierra, 132 A.D.3d 460, 460, 17 N.Y.S.3d 697 [1st Dept. 2015], lv denied 26 N.Y.3d 916, 2016 WL 116462 [2016]).  The record fails to support defendant's assertions that the court employed the wrong legal standard or improper criteria in assessing these points.