People v. Irizarry

Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about April 4, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously reversed, on the law, without costs, and the adjudication vacated and replaced with an adjudication of defendant as a level two sex offender.

The court incorrectly assessed 15 points under the risk factor of history of drug abuse, since the People’s proof did not establish that factor by clear and convincing evidence (see People v Collazo, 7 AD3d 595 [2004]). The only…