PEOPLE v. ROUFF (2008)

Appeal by the defendant from an order of the Supreme Court, Nassau County (Kase, J.), dated September 20, 2005, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

 Contrary to the defendant's contention, the Supreme Court properly assessed him 20 points under risk factor number 4 (continuing course of sexual misconduct), based on clear and convincing evidence that the defendant engaged in several acts of sexual contact with the child victim over a period of approximately 2 years (see People v. Mingo, 49 A.D.3d 148, 850 N.Y.S.2d 151;  People v. Atkinson, 34 A.D.3d 551, 823 N.Y.S.2d 688;  People v. Terdeman, 175 Misc.2d 379, 382-384, 669 N.Y.S.2d 136).

 The defendant was also properly assessed 15 points under risk factor number 12, based on his failure to accept responsibility for the underlying offenses, coupled with his expulsion from a sex offender treatment program in 2001 (see People v. Lewis, 37 A.D.3d 689, 830 N.Y.S.2d 312;  People v. Morales, 33 A.D.3d 982, 824 N.Y.S.2d 334).   Moreover, the Supreme Court properly assessed 15 points under risk factor number 14 because of the defendant's unsupervised release from prison (see People v. Lewis, 37 A.D.3d 689, 830 N.Y.S.2d 312).

In light of the above, the defendant was properly designated a level two sex offender.