15 A.D.3d 693
N.Y. App. Div.
2005

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RICHARD P. KING, Appellant.

Supreme Court, Appellate Division, Third Department, New York

788 N.Y.S.2d 628

Lahtinen, J.

Lahtinen, J. Appeal from an order of the County Court of Delaware County (Becker, J.), entered December 3, 2003, which classified defendant as a risk level II sex offender pursuant to the Sex Offender Registration Act.

In preparation for defendant‘s release on parole, the Board of Examiners of Sex Offenders prepared a risk assessment instrument pursuant to the Sex Offender Registration Act presumptively classifying defendant as a risk level II sex offender (see Correction Law art 6-C). The Board presented the instrument, together with a case summary containing the details of defendant‘s prior criminal history and postoffense behavior, to County Court and recommended that defendant be classified in accordance with his risk assessment score. Following a hearing on the matter, at which defendant alleged that certain points were improperly added to his risk assessment score, County Court classified defendant as a risk level II sex offender. Defendant now appeals.

A review of the record reveals that defendant had a prior conviction for endangering the welfare of a child and a history of alcohol abuse supporting the points assessed to him under those risk factors (see Correction Law § 168-n [3]; People v Smith, 5 AD3d 752, 752 [2004], lv denied 3 NY3d 602 [2004]; People v Dorato, 291 AD2d 580, 581 [2002]). Further, defendant has failed to set forth mitigating factors warranting a downward departure from the presumptive risk level II classification (see People v Ahlers, 10 AD3d 770, 771 [2004]).

Mercure, J.P., Mugglin, Rose and Kane, JJ., concur. Ordered that the order is affirmed, without costs.