| People v Britt |
| 2009 NY Slip Op 07604 [66 AD3d 853] |
| October 20, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Iesa Britt, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.
Dennehy of counsel; Samantha Baer on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Lott, J.), dated October 20, 2008, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the hearing court properly assessed points for risk factor 7 because he was a stranger to the victim (see People v Lewis, 45 AD3d 1381 [2007]; People v Penson, 38 AD3d 866, 867 [2007]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 12 [2006] [hereinafter Guidelines]). Furthermore, the court properly assessed points for risk factor 11, given the defendant's admission regarding his alcohol usage at the time of the offense (see People v Carpenter, 60 AD3d 833 [2009]; People v Robinson, 55 AD3d 708 [2008]; Guidelines at 15).
The defendant's remaining contentions are without merit. Prudenti, P.J., Miller, Chambers and Roman, JJ., concur.