PEOPLE v. JIMENEZ COLON (2025)

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Rockland County (Anne Bianchi, J.), dated September 4, 2024, 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.

The defendant appeals from an order designing him a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), contending only that the County Court should not have assessed him 15 points under risk factor 11 of the risk assessment instrument for having a history of drug and alcohol abuse.

Contrary to the defendant's contention, the People established that he had a history of drug and alcohol abuse by clear and convincing evidence, including his admissions in presentence interviews, his receipt of two disciplinary violations while incarcerated for positive urinalysis tests, and his treatment for alcohol and substance abuse (see People v. Miles, 232 A.D.3d 917, 918, 220 N.Y.S.3d 452;  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).

Accordingly, the County Court properly designated the defendant a level two sex offender.

LASALLE, P.J., DILLON, CHRISTOPHER and LANDICINO, JJ., concur.