SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 9, 2008
PEOPLE OF STATE OF NEW YORK, RESPONDENT,
KEENAN LEUNG, APPELLANT.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated September 11, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
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.
PETER B. SKELOS, J.P., FRED T. SANTUCCI, MARK C. DILLON and JOSEPH COVELLO, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, there was clear and convincing proof to warrant the assessment of points against him for a history of substance abuse as set forth in the risk assessment instrument of the Board of Examiners of Sex Offenders (hereinafter the RAI). The Supreme Court properly designated the defendant a level three sex offender based upon the facts of the case and the RAI (see Correction Law § 168-n; People v Smolen, 47 AD3d 623; People v Yarborough, 43 AD3d 1129; People v Grimmett, 29 AD3d 766).
SKELOS, J.P., SANTUCCI, DILLON and COVELLO, JJ., concur.
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