111 A.D.3d 909
N.Y. App. Div.
2013

The People of the State of New York, Respondent, v Kenneth King, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

975 NYS2d 693

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Tomei, J.), dated April 18, 2012, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly designated the defendant a level three sex offender. Contrary to the defendant‘s contention, the Supreme Court properly determined that the assessment of 15 points under risk factor 11, based on a history of drug or alcohol abuse, was supported by clear and convincing evidence (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006]; People v Geehreng, 101 AD3d 975 [2012]; People v Fryer, 101 AD3d 835 [2012]; People v Finizio, 100 AD3d 977, 978 [2012]). Rivera, J.P., Dillon, Roman and Miller, JJ., concur.