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People v. Street

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


June 1, 2010

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
LEON STREET, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Queens County (Aloise, J.), dated July 9, 2009, 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.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO and LEONARD B. AUSTIN, JJ.

DECISION & ORDER

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

There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level three sex offender (see People v Fisher, 36 AD3d 880; People v Guaman, 8 AD3d 545; see also People v Mingo, 12 NY3d 563, 571). There is no merit to the defendant's contention that the Supreme Court erred in assessing him 15 points under risk factor 11 ("Drug or alcohol abuse") (see People v Murphy, 68 AD3d 832; People v Banks, 48 AD3d 656).

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

20100601

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