PEOPLE v. CARPENTER


60 A.D.3d 833 (2009)

874 N.Y.S.2d 382

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDOLPH CARPENTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 17, 2009.


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

The hearing court correctly determined that the People met their burden of proving, by clear and convincing evidence, the facts supporting the defendant's designation as a level two sex offender (see Correction Law § 168-n [3]). Contrary to the defendant's contention, the court properly assessed 15 points for the "drug or alcohol abuse" risk factor, based on his admission that he was abusing...

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