PEOPLE, res, v. ALI WILLIAMS, ap
PEOPLE, res, v. ALI WILLIAMS, ap — Steven Banks, New York, N.Y. (Natalie Rae of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Julie C. Ruggieri on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.), dated December 14, 2010, which, after a hearing, designated him a level three sexually violent 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 assessment of 10 points under risk factor 13 ("Conduct while confined/supervised-Unsatisfactory") was supported by clear and convincing evidence. The defendant's unsatisfactory conduct during his incarceration was established by the case summary, which revealed that he committed a Tier II disciplinary violation in 2009 and a Tier III disciplinary violation in 2010 (see People v. Williams, 100AD3d 610; People v. Mabee, 69 AD3d 820, 821). Thus, the Supreme Court properly designated the defendant a level three sexually violent offender.
ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.