| People v Washington |
| 2008 NY Slip Op 00672 [47 AD3d 908] |
| January 29, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles Washington, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee,and Morgan J. Dennehy of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.),dated February 2, 2006, which, after a hearing to redetermine the defendant's sex offender risklevel pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]),designated him a level three sex offender pursuant to Correction 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 issupported by clear and convincing evidence (see Correction Law § 168-n; People v Montalvo, 44 AD3d 919[2007], lv denied 9 NY3d 817 [2008]). Further, his contention that the hearing court's useof the risk assessment instrument prepared by the Board of Examiners of Sex Offenders deniedhim due process is without merit (seePeople v Windham, 37 AD3d 571 [2007], lv granted 8 NY3d 816 [2007]; People v Flowers, 35 AD3d 690[2006], lv denied 8 NY3d 810 [2007]).
The defendant's remaining contentions are without merit. Ritter, J.P., Miller, Dillon andAngiolillo, JJ., concur.