People v Montalvo
2007 NY Slip Op 08051 [44 AD3d 919]
October 23, 2007
Appellate Division, Second Department
As corrected through Wednesday, December 12, 2007


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

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.),dated June 1, 2006, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.

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

Contrary to the defendant's contention, his designation as a level three sex offender wassupported by clear and convincing evidence (see Correction Law § 168-n; People v Hands, 37 AD3d 441[2007]; People v Thompson, 31AD3d 409 [2006]; People vO'Neal, 26 AD3d 365 [2006]). Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.


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