| People v Hahlbohm |
| 2009 NY Slip Op 04403 [63 AD3d 706] |
| June 2, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KeithHahlbohm, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), forrespondent.
Appeals by the defendant (1), as limited by his brief, from stated portions of an order of theCounty Court, Suffolk County (Hudson, J.), dated September 19, 2007, and (2) from an order ofthe same court dated January 29, 2008, which, upon the granting of that branch of the People'smotion which was to reopen the proceeding and for a hearing pursuant to Correction Law article6-C, and after a hearing, designated him a level two sex offender pursuant to Correction Lawarticle 6-C. Justice Lott has been substituted for former Associate Justice Ritter (see 22NYCRR 670.1 [c]).
Ordered that the appeal from the order dated September 19, 2007 is dismissed, without costsor disbursements, as no appeal lies therefrom (see Correction Law § 168-n [3]);and it is further,
Ordered that the order dated January 29, 2008 is affirmed, without costs or disbursements.
The County Court providently exercised its discretion in granting that branch of the People'smotion which was to reopen the proceeding and for a hearing pursuant to Correction Law article6-C (hereinafter SORA) (see People vPendergrast, 48 AD3d 356 [2008]; People v Wroten, 286 AD2d 189, 195-196[2001]; People v Harris, 178 Misc 2d 858 [1998]).
At the hearing, the People met their burden of establishing by clear and convincing evidencethat the defendant should be designated a level two sex offender under SORA (seeCorrection Law art 6-C; People vPerry, 56 AD3d 448 [2008]; People v Hegazy, 25 AD3d 675 [2006]). Skelos, J.P., Florio,Miller and Lott, JJ., concur.