PEOPLE v. LEIVA

Ind. No. 6337/08. Appeal No. 28. Case No. 2018-3567.

215 A.D.3d 476 (2023)

185 N.Y.S.3d 684

2023 NY Slip Op 01946

The People of the State of New York, Respondent, v. Louis Leiva, Appellant.

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

Decided April 13, 2023.


Attorney(s) appearing for the Case

David Loftis , The Legal Aid Society, New York ( Lorraine Maddalo of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Anna Notchick of counsel), for respondent.

Concur—Renwick, A.P.J., Moulton, Shulman, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about June 9, 2017, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed points under the risk factor for alcohol and substance abuse. The victim reported that defendant raped her after he had been drinking (see e.g. People v Zewge,...

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