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Appellate Term Second Department: November 27, 2023

Decision & Orders on Motions decided on:September 22, 2023

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By: Toussaint, P.J., Buggs, Ottley, JJ. New York City Legal Aid Society (Jonathan R. Mccoy of counsel), for appellant. Richmond County District Attorney (Thomas B. Litsky and George Adames of counsel), for respondent.

2019-1632 RI C.   PEOPLE v. BEVEL, JEFFREY — Appeal from an order of the Criminal Court of the City of New York, Richmond County (Geriane Agrianno, J.), entered September 20, 2019. The order, after a hearing, designated defendant a level three sex offender pursuant to Correction Law article 6-C. ORDERED that the order is affirmed, without costs. At a Sex Offender Registration Act (SORA) hearing, the People presented the case summary of the Board of Examiners of Sex Offenders in support of the 115 points assessed against defendant in the risk assessment instrument (RAI). Defendant’s attorney raised an objection to the 15 points assessed for drug and alcohol abuse, which points the court deducted under risk factor 9, leaving a total score of 100 points, placing defendant as a presumptive level two sex offender. Counsel requested a downward departure from the presumptive risk level. The Criminal Court denied defendant’s request and designated defendant a level three sex offender based on an automatic override.

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