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People v. Britt

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


October 20, 2009

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
IESA BRITT, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Kings County (Lott, J.), dated October 20, 2008, which, after a hearing, designated him a level two 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.

A. GAIL PRUDENTI, P.J., HOWARD MILLER, CHERYL E. CHAMBERS and SHERI S. ROMAN, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the hearing court properly assessed points for risk factor 7 because he was a stranger to the victim (see People v Lewis, 45 AD3d 1381, 1381; People v Penson, 38 AD3d 866, 867; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 12 [2006 revisions] [hereinafter Guidelines]). Furthermore, the court properly assessed points for risk factor 11, given the defendant's admission regarding his alcohol usage at the time of the offense (see People v Carpenter, 60 AD3d 833, 833; People v Robinson, 55 AD3d 708, 708; Guidelines at 15).

The defendant's remaining contentions are without merit.

PRUDENTI, P.J., MILLER, CHAMBERS and ROMAN, JJ., concur.

20091020

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