People v Smith

2013 NY Slip Op 05054 [108 AD3d 514]

July 3, 2013

Appellate Division, Second Department

As corrected through Wednesday, August 21, 2013

The People of the State of New York,Respondent, v Robert Smith, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), forappellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), forrespondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn,J.), dated April 12, 2012, which, after a hearing pursuant to Correction Law article 6-C,designated him a level three sex offender.

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

The County Court's designation of the defendant as a level three sex offender underthe Sex Offender Registration Act (see Correction Law art 6-C) was supportedby clear and convincing evidence (see Correction Law art 6-C; People v Geehreng, 101 AD3d975 [2012]; People vCox, 103 AD3d 866 [2012], lv denied 21 NY3d 855 [2013]; People v Dong V. Dao, 9AD3d 401, 401-402 [2004]). The defendant's arguments to the contrary are withoutmerit. Balkin, J.P., Hall, Lott and Sgroi, JJ., concur.