People v Smith
2007 NY Slip Op 08052 [44 AD3d 920]
October 23, 2007
Appellate Division, Second Department
As corrected through Wednesday, December 12, 2007


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

[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III 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 (Hudson, J.),dated June 30, 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.

Contrary to the defendant's contention, the County Court's determination designating him alevel two sex offender was supported by clear and convincing evidence, and therefore should notbe disturbed (see Correction Law § 168-n [3]; People v Glenn, 24 AD3d 427 [2005]; People v Gambetta, 19 AD3d 571[2005]). Rivera, J.P., Covello, Angiolillo and Dickerson, JJ., concur.


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