People v Thomas

2009 NY Slip Op 07387 [66 AD3d 750]

October 13, 2009

Appellate Division, Second Department

As corrected through Wednesday, December 9, 2009

The People of the State of New York,Respondent, v Nahshon T. Thomas, Appellant.

—[*1]Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David A. Bernstein ofcounsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E.Mainusch and Joanna Hershey of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, J.),dated May 3, 2005, 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 County Court providently exercised its discretionin upwardly departing from the defendant's presumptive sex offender level (see People v Villane, 49 AD3d517, 517-518 [2008]; People vFabara, 49 AD3d 619 [2008]). The court's determination was supported by clear andconvincing evidence based, inter alia, on the case summary prepared by the Board of Examinersof Sex Offenders, the defendant's mental health evaluation, and the probation department report(see People v Fabara, 49 AD3d619 [2008]).

The defendant's remaining contentions are without merit. Rivera, J.P., Florio, Eng andLeventhal, JJ., concur.