People v. Mingo

Appeal by the defendant from an order of the Supreme Court, Kings County (Mullen, J.), dated October 1, 2009, which, after a hearing upon the remittitur from the Court of Appeals (People v Mingo, 12 NY3d 563 [2009]), designated him a level two sex offender pursuant to Correction Law article 6-C.

*491Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant’s contention, clear and convincing evidence supported the Supreme Court’s determination that the assessment of 30 points under risk factor one was warranted. The assessment was based on the “use of violence,”…