SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 15, 2013
THE PEOPLE OF THE STATE OF NEW YORK,
JESSIE J. DUKES,
Appeal from an order of the Supreme Court, Monroe County (Frank P. Geraci, Jr., A.J.), entered August 31, 2011.
People v Dukes
Appellate Division, Fourth Department
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.
Released on March 15, 2013
PRESENT: SCUDDER, P.J., FAHEY, SCONIERS, AND MARTOCHE, JJ.
The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that Supreme Court erred in assessing 20 points under the risk factor for unsatisfactory conduct while confined or under supervision, based on sexual misconduct by defendant. Contrary to defendant's contention, there is no requirement that the conduct be "recent" in order for the court to assess 20 points in that category. Indeed, the Risk Assessment Guidelines provide that if an offender, "while in custody or under supervision, has been involved in inappropriate sexual behavior . . . the guidelines assess the offender 20 points" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 16  [emphasis added]; see People v Carpenter, 60 AD3d 833, 833). Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court
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