People of State of New York, respondent, v Michael Palmer, appellant. v. << (2011)

Submitted—September 20, 2011

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), dated February 16, 2010, which, after a hearing pursuant to Correction Law article 6–C, designated him a level two sex offender.

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

Contrary to the defendant's contention, in determining his risk level under the Sex Offender Registration Act (see Correction Law article 6–C), the Supreme Court properly assessed points under risk factor 11, pertaining to “[d]rug or [a]lcohol [a]buse,” based upon his admission that he was using alcohol at the time of the offense (Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary, at 15 [2006 ed.];   see People v. Sterling, 71 AD3d 654;  People v. Britt, 66 AD3d 853;  People v. Carpenter, 60 AD3d 833).   Accordingly, the defendant was properly designated a level two sex offender.

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court