Poulard v. JudkinsPoulard v. Judkins
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated December 14, 2010, which, after a hearing, designated him a level three sexually violent offender pursuant to
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant‘s contention, the assessment of 10 points under risk factor 13 (Conduct while confined/supervised Unsatisfactory) was supported by clear and convincing evidence. The defendant‘s unsatisfactory conduct during his incarceration was established by the case summary, which revealed that he committed a tier II disciplinary violation in 2009 and a tier III disciplinary violation in 2010 (see People v Williams, 100 AD3d 610 [2012]; People v Mabee, 69 AD3d 820, 821 [2010]). Thus, the Supreme Court properly designated the defendant a level three sexually violent offender. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.