People of State of New York, respondent, v. Jose Vere, appellant. (2013)

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

People of State of New York, respondent, v. Jose Vere, appellant.

2012–02014

Decided: June 12, 2013

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO CHERYL E. CHAMBERS SYLVIA HINDS–RADIX, JJ.

Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Submitted—May 13, 2013

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated February 14, 2012, 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.

Contrary to the defendant's contention, the County Court properly assessed him 15 points under risk factor 11 for a history of alcohol abuse (see People v. Finizio, 100 AD3d 977, 978; People v. Harris, 93 AD3d 704, 705; People v. Goodwin, 49 AD3d 619, 620–621; see generally People v. Palmer, 20 NY3d 373). Accordingly, the defendant's assessment as a level two sex offender will not be disturbed.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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