| People v Turpeau |
| 2009 NY Slip Op 09636 [68 AD3d 1083] |
| December 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseTurpeau, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.),dated September 26, 2008, which, after a hearing, granted the motion of the People of the Stateof New York for an upward modification of his risk level, and designated him a level three sexoffender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs.
Contrary to the defendant's assertion, the proof offered at the hearing showing that heviolated probation by failing to report to probation and make his whereabouts known, and that hewas convicted of failing to register as a sex offender, provided clear and convincing evidencethat he was at an increased risk to re-offend (see Correction Law § 168-o).Accordingly, the County Court properly granted the motion of the People of the State of NewYork for an upward modification of his risk level designation from a level two to a level threesex offender. Dillon, J.P., Santucci, Florio and Hall, JJ., concur.