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The People of the State of New York, Respondent, v. Avery Pettigrew, Appellant

New York Supreme Court, Appellate Division2009-02-19
59 A.D.3d 276872 N.Y.S.2d 667

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Opinion

majority opinion

Order, Supreme Court, New York County (Carol Berkman, J.), entered on or about April 12, 2007, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Clear and convincing evidence supported the court’s point assessments under the risk factors of being armed with a dangerous instrument (see People v Walker, 15 AD3d 692 [2005]), history of drug or alcohol abuse (see People v Gonzalez, 48 AD3d 284 [2008], lv denied 10 NY3d 711 [2008]) and failure to accept responsibility (see People v Lewis, 37 AD3d 689 [2007], lv denied 8 NY3d 814 [2007]). Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.