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PEOPLE v. ORTIZ

Ind. No. 2186/14. Appeal No. 67. Case No. 2019-2438.

215 A.D.3d 499 (2023)

186 N.Y.S.3d 206

2023 NY Slip Op 01969

The People of the State of New York, Respondent, v. Pedro Ortiz, Appellant.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Whitney Elliott of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Noah J. Sexton of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Margaret L. Clancy, J.), entered on or about September 28, 2018, as amended June 1, 2022, 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 properly assessed 15 points for a history of drug or alcohol abuse. Defendant's statements to corrections officials that he had a history of alcohol abuse...

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