People of State of New York v Goldenberg

2005 NY Slip Op 02818

Decided on April 11, 2005

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 11, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARMENT
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
2004-03691






Hession, Bekoff & Cooper, LLP, Garden City, N.Y. (Andrew
Paul Cooper of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Anthea H. Bruffee of
counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Chambers, J.), dated March 25, 2004, which, pursuant to Correction Law article 6-C, adjudicated him a level three sex offender.

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act was properly made upon findings of fact and conclusions of law. The determination was based upon the recommendation of Board of Examiners of Sex Offenders and was supported by clear and convincing evidence (see People v Dong V. Dao, 9 AD3d 401, lv denied 3 NY3d 609; People v Girup, 9 AD3d 913; People v Delmarle, 2 AD3d 1446, 1447).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court