People v. Hernaiz

Appeal by the defendant from an order of the Supreme Court, Queens County (Gerald, J.), dated June 10, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant’s contention, the Supreme Court properly assessed 15 points under risk factor 11 (drug or alcohol abuse). The assessment of these points was supported by clear and convincing evidence in the record, including the defendant’s statements in the presentence report (see People v Villanueva, 143…