NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 19, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
AVERY PETTIGREW, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 12, 2007, which adjudicated defendant a level three 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., Moskowitz, Acosta, Freedman, JJ.
Clear and convincing evidence supported the court's point assessments under the risk factors of being armed with a dangerous instrument (see People v Walker, 15 AD3d 692 ), history of drug or alcohol abuse (see People v Gonzalez, 48 AD3d 284 , lv denied 10 NY3d 711 ) and failure to accept responsibility (see People v Lewis, 37 AD3d 689 , lv denied 8 NY3d 814 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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