| People v Porter |
| 2010 NY Slip Op 04757 [74 AD3d 767] |
| June 1, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v James Porter, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.),dated October 9, 2008, which, after a hearing, designated him a level three sex offender pursuantto Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the proof offered at the hearing, showing that he wastwice convicted of failing to register as a sex offender, provided clear and convincing evidencethat he was at an increased risk to reoffend (see Correction Law § 168-o).Accordingly, the County Court properly granted the motion of the People of the State of NewYork for an upward departure of his risk level designation from a level two to a level three sexoffender (see People v Turpeau, 68AD3d 1083 [2009], lv denied 14 NY3d 705 [2010]; People v Walker, 67 AD3d 760,761 [2009]).
The defendant's remaining contentions are without merit. Rivera, J.P., Florio, Angiolillo andLott, JJ., concur.