People of State of New York, respondent, v. Leon Street, appellant. (2010)

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

People of State of New York, respondent, v. Leon Street, appellant.

2009-07075

Decided: June 01, 2010

REINALDO E. RIVERA, J.P. ANITA R. FLORIO DANIEL D. ANGIOLILLO LEONARD B. AUSTIN, JJ.

Frank T. Kelly, Bayside, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Liana Chirila on the brief), for respondent.

Submitted-May 11, 2010

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated July 9, 2009, 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.

There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level three sex offender (see People v. Fisher, 36 AD3d 880; People v. Guaman, 8 AD3d 545; see also People v. Mingo, 12 NY3d 563, 571). There is no merit to the defendant's contention that the Supreme Court erred in assessing him 15 points under risk factor 11 (“Drug or alcohol abuse”) (see People v. Murphy, 68 AD3d 832; People v. Banks, 48 AD3d 656).

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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