People v Gonzalez

2009 NY Slip Op 04880 [63 AD3d 812]

June 9, 2009

Appellate Division, Second Department

As corrected through Wednesday, August 5, 2009

The People of the State of New York,Respondent, v Humberto Gonzalez, Appellant.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy,and Linda Breen of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Lott, J.), datedDecember 14, 2006, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly designated him a levelthree sex offender based, inter alia, upon the recommendation of the Board of Examiners of SexOffenders, as well as the facts contained in the case summary and the risk assessment instrument(see Correction Law §§ 168-n, 168-1 [6] [c]; People v Overman, 7 AD3d 596,597 [2004]; People v Burgess, 6AD3d 686 [2004]). Rivera, J.P., Dillon, Belen and Hall, JJ., concur.