People v Jordan

2008 NY Slip Op 01317 [48 AD3d 535]

February 13, 2008

Appellate Division, Second Department

As corrected through Wednesday, April 16, 2008

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

—[*1]Steven Banks, New York, N.Y. (Elizabeth B. Emmons of counsel), for appellant.

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.), datedMarch 7, 2006, which, after a hearing to redetermine the defendant's sex offender risk levelpursuant 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, the determination to designate him a level three sexoffender was supported by clear and convincing evidence based upon the facts contained in thepresentence investigation report and the case summary prepared by the Board of Examiners ofSex Offenders (see People v Mingo, 49 AD3d 148 [2008]; People v Overman, 7 AD3d 596[2004]; People v Burgess, 6 AD3d686 [2004]).

The defendant's remaining contention is unpreserved for appellate review and, in any event,is without merit. Spolzino, J.P., Florio, Miller and Dickerson, JJ., concur.