PEOPLE v. IMBERT

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Since the victim's grand jury testimony, standing alone, clearly established that defendant used a dangerous instrument during the rape, the court properly assessed points under the corresponding risk factor ( see Correction Law § 168-n; People v Quintana, 29 AD3d 308, lv denied 7 NY3d 709). The court also properly assessed points under the risk factor for drug abuse, based on the case summary and presentence reports ( see People v Ramos, 41 AD3d 1250, lv denied 9 NY3d 809), and defendant's claim of improper double counting is without merit. Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545).