AD2 order dated December 4, 2013, affirming level 3 SORA adjudication. Decision below: 112 AD3d 600, 975 NYS2d 904. Court of Appeals granted leave February 25, 2014.

ISSUE PRESENTED: Whether defendant was properly assessed points under risk factor 12 (participation in a sex offender treatment program) where his lack of participation was due solely to his lengthy disciplinary record. (Assigned counsel: Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)