People v. Glover
Opinion of the Court
It is hereby ordered that the order so appealed from be and the same hereby 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.). Contrary to defendant’s contention, Supreme Court’s determination is supported by clear and convincing evidence (see § 168-n [3]; People v Hegazy, 25 AD3d 675 [2006]). The assessment of 15 points for “[d]rug or alcohol abuse” on the risk assessment instrument is supported by the admission of defendant in his trial testimony (see People v Masters, 19 AD3d 387 [2005], lv denied 5 NY3d 709 [2005]; People v Roland, 292 AD2d 271 [2002], lv denied 98 NY2d 614 [2002]; see generally Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 14 [1997 ed]). Further, the record does not warrant a downward departure from defendant’s presumptively correct risk classification (see People v Douglas, 18 AD3d 967, 968 [2005], lv denied 5 NY3d 710 [2005]). We have examined the remaining contentions of defendant, including those raised in his pro se supplemental brief, and conclude that none requires us to disturb the court’s determination that defendant is a level three risk. Present—Scudder, J.P., Kehoe, Smith, Green and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.