People of the State of New York v Gambetta

2005 NY Slip Op 05281

Decided on June 20, 2005

Appellate Division, Second Department

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

Decided on June 20, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
2004-05631






Laura R. Johnson, New York, N.Y. (Nancy E. Little of counsel),
for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Nicoletta J.
Caferri, and William R. King of
counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Queens County (Wong, J.), dated June 14, 2004, which, after a hearing, pursuant to Correction Law article 6-C, designated him a level two sex offender.

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

Contrary to the defendant's contention, the Supreme Court's determination designating him a level two sex offender was supported by clear and convincing evidence, and thus, should not be disturbed (see Correction Law § 168-n [3]; People v Brown, 7 AD3d 595).
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court