People v. Greene

Order, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), entered on or about June 11, 2014, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court’s point assessment for defendant’s history of substance abuse was supported by clear and convincing evidence, including defendant’s multiple prior drug convictions (see People v Wilkens, 33 AD3d 399 [1st Dept 2006], lv denied 8 NY3d 801 [2007]) and his infraction for drug use while incarcerated. The drug related convictions were not remote in time, given defendant’s intervening incarceration (People v Gonzalez, 48 AD3d 284 [1st Dept 2008], lv denied 10 NY3d 711 [2008]).

We find it unnecessary to reach defendant’s remaining claim, upon which the court did not rule, and which would not affect the level three designation.