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PEOPLE v. GONZALEZ

Ind. No. 1057/15. Appeal No. 16538. Case No. 2019-03389.

209 A.D.3d 595 (2022)

175 N.Y.S.3d 479

2022 NY Slip Op 05961

The People of the State of New York, Respondent, v. Hermes Gonzalez, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 25, 2022.

Attorney(s) appearing for the Case

Twyla Carter, The Legal Aid Society, New York (Whitney Elliott of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Meghan McLoughlin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kennedy, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (James M. Burke, J.), entered on or about July 11, 2019, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court's assessment of 15 points for the risk factor for drug or alcohol abuse was supported by clear and convincing evidence, based upon defendant's admissions regarding such use and that he was under the influence...

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