96 A.D.3d 1031 946 N.Y.S.2d 898

The People of the State of New York, Respondent, v Jorge Samayoa, Appellant.

[946 NYS2d 898]

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 2, 2011, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6-C.

*1032Ordered that the order is affirmed, without costs or disbursements.

The County Court’s designation of the defendant as a level two sexually violent offender was supported by clear and convincing evidence (see Correction Law § 168-n [3]; People v Pettigrew, 14 NY3d 406, 408 [2010]; People v Mingo, 12 NY3d 563, 571 [2009]; People v Atkinson, 65 AD3d 1112 [2009]; People v Bright, 63 AD3d 1133 [2009]; People v Inghilleri, 21 AD3d 404, 406 [2005]). Contrary to the defendant’s contention, the County Court did not err in assessing him 10 points under risk factor 1 (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary [hereinafter SORA Guidelines], at 7-8 [2006]; Penal Law § 130.00 [8]; § 130.65 [1]; People v Harris, 93 AD3d 704 [2012]), and 10 points under risk factor 12 (see SORA Guidelines, at 15-16; People v Mingo, 12 NY3d at 571; People v Deturris, 90 AD3d 727 [2011]; People v Vega, 79 AD3d 718 [2010]; People v Smith, 78 AD3d 917, 918 [2010]; People v Wright, 37 AD3d 797 [2007]; People v Lewis, 37 AD3d 689, 690 [2007]; People v Fortin, 29 AD3d 765 [2006]). Skelos, J.P., Leventhal, Belen and Roman, JJ., concur.

People v. Samayoa
96 A.D.3d 1031 946 N.Y.S.2d 898

Case Details

Name
People v. Samayoa
Decision Date
Jun 27, 2012
Citations

96 A.D.3d 1031

946 N.Y.S.2d 898

Jurisdiction
New York

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