Opinion
2014-06-13
The PEOPLE of the State of New York, Respondent, v. Timothy J. ENGLANT, Defendant–Appellant.
Hogan Willig, PLLC, Amherst (Geffrey Gismondi of Counsel), for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
Hogan Willig, PLLC, Amherst (Geffrey Gismondi of Counsel), for Defendant–Appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for Respondent.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, and VALENTINO, JJ.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that County Court's assessment of 15 points for history of drug or alcohol abuse, which was based upon the recommendation in the risk assessment instrument prepared by the Board of Examiners of Sex Offenders, is not supported by clear and convincing evidence. The court was entitled to reject defendant's assertions that his prior drug or alcohol use was recreational, occasional, and did not constitute abuse, inasmuch as those assertions are contradicted by his admissions to the Probation Department, as well as his participation in alcohol and substance abuse treatment prior to and during his incarceration ( see People v. St. Jean, 101 A.D.3d 1684, 1684, 956 N.Y.S.2d 763;People v. Mundo, 98 A.D.3d 1292, 1293, 951 N.Y.S.2d 782,lv. denied20 N.Y.3d 855, 2013 WL 69135;cf. People v. Palmer, 20 N.Y.3d 373, 378–379, 960 N.Y.S.2d 719, 984 N.E.2d 917).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.