| People v Austin |
| 2008 NY Slip Op 07103 [54 AD3d 916] |
| September 23, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Thomas Austin, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart andLauren-Brooke Eisen of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated December 6, 2006, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court's determination to designate the defendant a level three sex offenderbased upon a "presumptive override" factor, namely, that the defendant had "a prior felonyconviction for a sex crime," is supported by clear and convincing evidence and, thus, should notbe disturbed (see People v Juarbe,36 AD3d 602 [2007]; People vClinkscales, 18 AD3d 726 [2005]).
The defendant's claim of ineffective assistance of counsel is without merit (see People v Lamberty, 45 AD3d486 [2007]; People v Douglas,18 AD3d 967, 968 [2005]; cf.People v Stultz, 2 NY3d 277, 287 [2004]). Fisher, J.P., Balkin, McCarthy andChambers, JJ., concur.