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People v. Ashby

Supreme Court of New York, Second Department

November 6, 2013

People of State of New York, respondent,
v.
Raheim Ashby, appellant. (Index No. 2655/08)

Steven Banks, New York, N.Y. (Laura Lieberman Cohen of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and Arieh Schulman of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Garnett, J.), dated December 2, 2010, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6-C.

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

The Supreme Court properly designated the defendant a level two sexually violent offender. Contrary to the defendant's contention, the Supreme Court properly assessed 15 points under risk factor 11 (Drug or Alcohol Abuse-History of Abuse) (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15 [2006 ed]), as the People established by clear and convincing evidence that the defendant had a history of drug abuse (see People v Geehreng, 101 A.D.3d 975; People v Finizio, 100 A.D.3d 977, 978; People v Quinn, 99 A.D.3d 776, 777; People v Crandall, 90 A.D.3d 628, 629-630; People v Warren, 42 A.D.3d 593, 594).

Furthermore, the Supreme Court properly denied the defendant's application for a downward departure (see People v Washington, 105 A.D.3d 724, 725; People v Martinez, 104 A.D.3d 924).

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.


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