| People v Neal |
| 2010 NY Slip Op 04562 [73 AD3d 1145] |
| May 25, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v David Neal, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.),dated May 5, 2009, 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.
The County Court properly found, based on the evidence before it, including, inter alia, thecase summary, the presentence report, and the statements of the victim, the defendant, and awitness to the subject crimes, as well as photographic and medical documentation depicting anddescribing the victim's injuries, that the People demonstrated by clear and convincing evidencethat an upward departure from level two to level three was warranted in this case (see Peoplev Rios, 57 AD3d 501, 502 [2008]; People v Miller, 48 AD3d 774, 774-775 [2008];People v Leibach, 39 AD3d 1093, 1093-1094 [2007]; People v Joslyn, 27 AD3d1033, 1033-1035 [2006]). Dillon, J.P., Miller, Dickerson and Chambers, JJ., concur.