NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 2, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
YEHIDIE F. NOVOA, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about June 5, 2006, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Nardelli, McGuire, Acosta, DeGrasse, JJ.
The court properly assessed points under the risk factor for drug and alcohol abuse, based on extensive evidence of persistent drug use including defendant's own admissions to the Probation Department (see People v Conway, 47 AD3d 492 , lv denied 10 NY3d 708 ; People v Arnold, 35 AD3d 827 , lv denied 9 NY3d 813 ), and it providently exercised its discretion in declining to grant a downward departure (see People v Guaman, 8 AD3d 545 ). Defendant's remaining contention is without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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