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PEOPLE v. STEWART

958 KA 19-02204.

199 A.D.3d 1479 (2021)

154 N.Y.S.3d 896

2021 NY Slip Op 06513

The People of the State of New York, Respondent, v. Joshua Stewart, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 19, 2021.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( TIMOTHY S. DAVIS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that County Court's assessment of 15 points under risk factor 11 for history of drug or alcohol abuse, which was based on the recommendation in the risk assessment

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