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People v. Vere

Supreme Court of New York, Second Department

June 12, 2013

People of State of New York, respondent,
v.
Jose Vere, appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO CHERYL E. CHAMBERS SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated February 14, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, the County Court properly assessed him 15 points under risk factor 11 for a history of alcohol abuse (see People v Finizio, 100 A.D.3d 977, 978; People v Harris, 93 A.D.3d 704, 705; People v Goodwin, 49 A.D.3d 619, 620-621; see generally People v Palmer, 20 N.Y.3d 373). Accordingly, the defendant's assessment as a level two sex offender will not be disturbed.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.


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