Appellate Division of the Supreme Court of New York, 2011

People v. Zapata

People v. Zapata
Appellate Division of the Supreme Court of New York · Decided April 28, 2011
83 A.D.3d 606; 920 N.Y.S.2d 910
People v. Zapata

Opinion of the Court

Order, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about April 27, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to the extent of reducing the adjudication to that of a level one sex offender, and otherwise affirmed, without costs.

The court incorrectly assessed 15 points under the risk factor of history of substance abuse, since the People’s proof in relation to this factor did not meet the clear and convincing evidence standard (see People v Irizarry, 36 AD3d 473 [2007]). Without the improperly assessed points, defendant qualifies as a level one offender. Concur—Gonzalez, P.J., Sweeny, Moskowitz, Renwick and Richter, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.