PEOPLE v. MILES (2024)

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Joseph E. Gubbay, J.), entered December 9, 2022, 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 appeals from his designation as a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), contending only that the Supreme Court should not have assessed him 15 points under risk factor 11 of the risk assessment instrument for a history of drug abuse.

Contrary to the defendant's contention, the People established that he had a history of drug abuse by clear and convincing evidence, including his admissions in pre-sentence interviews in 2010 and 2016 that he used marijuana daily, his receipt of three disciplinary violations while incarcerated for violating urinalysis tests, his treatment for substance abuse while incarcerated, and his diagnosis of cannabis use disorder and phencyclidine use disorder (see People v. Vasquez, 197 A.D.3d 1185, 1186, 151 N.Y.S.3d 359;  People v. Yglesias, 180 A.D.3d 821, 822, 120 N.Y.S.3d 169;  People v. Nieves, 179 A.D.3d 849, 113 N.Y.S.3d 900).

Accordingly, the Supreme Court properly designated the defendant a level three sex offender.

LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.