PEOPLE v. MURPHY (2006)

Supreme Court, Appellate Division, Second Department, New York.

PEOPLE of State of New York, respondent, v. Harry MURPHY, appellant.

Decided: October 17, 2006

THOMAS A. ADAMS, J.P., GLORIA GOLDSTEIN, WILLIAM F. MASTRO, and ROBERT A. LIFSON, JJ.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Michael E. Bongiorno, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Rockland County (Resnik, J.), entered January 24, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The defendant's history of drug and alcohol abuse and other factors that were not contested by him, which resulted in 110 points on the risk assessment form, was a sufficient basis to designate him a level three sex offender (see People v. Abdullah, 31 A.D.3d 515, 818 N.Y.S.2d 267).

His contention that he was improperly assessed additional points based upon uncertified copies of certain depositions need not be addressed since there was a sufficient basis to designate him a level three sex offender without those depositions (see People v. Lombard, 30 A.D.3d 573, 818 N.Y.S.2d 145).

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