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People v. MacDowall

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


February 5, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILLIAM MACDOWALL, APPELLANT.

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.

Calendar Date: December 16, 2008

Before: Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

Appeal from an order of the County Court of Broome County (Smith, J.), entered February 25, 2008, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant pleaded guilty to criminal sexual act in the third degree and was sentenced to one year in the Broome County jail for engaging in a sexual relationship with a 15-year-old victim. Subsequently, the Board of Examiners of Sex Offenders assigned defendant a risk assessment score of 110, thereby presumptively classifying him as a risk level III sex offender. Following a hearing, County Court assigned defendant an additional five points under the category of prior criminal record, for a total score of 115, and classified him as a risk level III sex offender. Defendant now appeals, claiming that he was improperly assessed points for a history of drug or alcohol abuse and failure to accept responsibility. Given defendant's testimony at the hearing, his statements during his presentence interview, and the victim impact statement, we conclude that the challenged assessments are supported by clear and convincing evidence and, therefore, we affirm (see People v Longtin, 54 AD3d 1110, 1111 [2008], lv denied ___ NY3d ___ [Dec. 18, 2008]; People v Dubuque, 35 AD3d 1011, 1011-1012 [2006]; People v Ashley, 19 AD3d 882, 883 [2005]; see also People v Redcross, 54 AD3d 1116, 1116 [2008]).

Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Stein, JJ., concur.

ORDERED that the order is affirmed, without costs.

20090205

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