People v Lawless

2007 NY Slip Op 07678 [44 AD3d 738]

October 9, 2007

Appellate Division, Second Department

As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent, v JohnR. Lawless, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.),dated May 25, 2006, which, after a hearing, designated him a level two sex offender pursuant toCorrection Law article 6-C.

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

The County Court's determination designating the defendant a level two sex offender wassupported by clear and convincing evidence, and therefore should not be disturbed (seeCorrection Law § 168-n [3]; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant'scontention, the assessment of 30 points under risk factor 5 was appropriate (see SexOffender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]).Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.