SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
October 13, 2009
PEOPLE OF STATE OF NEW YORK, RESPONDENT,
ALFRED BROWN, APPELLANT.
Appeal by the defendant from an order of the County Court, Westchester County (Zambelli, J.), dated March 21, 2007, which, after a hearing, adjudicated 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.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, THOMAS A. DICKERSON PLUMMER E. LOTT, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's contention that he was improperly assessed 25 points on the Risk Assessment Instrument for a history of substance abuse and a failure to accept responsibility need not be addressed since there was a sufficient basis to designate him a level three sex offender based upon the 115 points assessed for factors he does not contest (see People v Murphy, 33 AD3d 778; People v Lombard, 30 AD3d 573).
MASTRO, J.P., BALKIN, DICKERSON and LOTT, JJ., concur.
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