| People v Ealy |
| 2008 NY Slip Op 07353 [55 AD3d 1313] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Dale R. Ealy, Sr.,Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from an order of the Niagara County Court (Sara S. Sperrazza, J.), entered June 18,2007. The order determined that defendant is a level two risk pursuant to the Sex Offender RegistrationAct.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant to the SexOffender Registration Act (Correction Law § 168 et seq.), defendant contends that hewas improperly assessed 10 points under the risk factor for unsatisfactory conduct while confined. Wereject that contention. The assessment under that risk factor was based upon, inter alia, a recentdetermination following a tier III hearing that was set forth in the case summary and that defendantadmitted had been entered against him. " 'Thus, [County Court's] determination of defendant's risk levelis based on clear and convincing evidence, and we will not disturb it' " (People v Peterson, 8 AD3d 1124,1125 [2004], lv denied 3 NY3d 607 [2004]; see also People v Wragg, 41 AD3d 1273, 1274 [2007], lv denied9 NY3d 809 [2007]; People v Vaughn,26 AD3d 776 [2006]). Present—Martoche, J.P., Smith, Lunn, Pine and Gorski, JJ.