People v Alvarez

2008 NY Slip Op 02566 [49 AD3d 704]

March 18, 2008

Appellate Division, Second Department

As corrected through Wednesday, May 14, 2008

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

—[*1]Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), forrespondent.

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated April 8, 2005, 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 contentions, the Supreme Court's determination to designate thedefendant a level three sex offender was supported by clear and convincing evidence, based onthe facts and admissions contained in the pre-sentence investigation report, the case summary,and the risk assessment instrument of the Board of Examiners of Sex Offenders (seeCorrection Law § 168-n; People v Yarborough, 43 AD3d 1129, 1130 [2007], lv denied9 NY3d 816 [2007]; People vPenson, 38 AD3d 866, 867 [2007]; People v Romana, 35 AD3d 1241 [2006]; People v Carlton,307 AD2d 763, 764 [2003]). Spolzino, J.P., Angiolillo, Balkin and Leventhal, JJ., concur.