People v Yarborough

2007 NY Slip Op 06968 [43 AD3d 1129]

September 25, 2007

Appellate Division, Second Department

As corrected through Wednesday, November 7, 2007

The People of the State of New York,Respondent, v Maurice Yarborough, Appellant.

—[*1]Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wagner, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni,J.), entered July 25, 2006, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.

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

Contrary to the defendant's contentions, the County Court's determination to designate him alevel three sex offender is supported by clear and convincing evidence, based on the facts andadmissions contained in the presentence investigation report, the case summary, and the riskassessment instrument of the Board of Examiners of Sex Offenders (see Correction Law§ 168-n; People v Arnold, 35AD3d 827 [2006]; People vGrimmett, 29 AD3d 766, 767 [2006]; cf. People v Hines, 24 AD3d 524, 525 [2005]; People v Davis, 21 AD3d 590, 592[2005]). Crane, J.P., Lifson, Carni and Balkin, JJ., concur.