Opinion
2002-02441
Argued March 17, 2003.
April 21, 2003.
In a proceeding pursuant to Correction Law article 6-C, the petitioner appeals from an order of the County Court, Putnam County (Rooney, J.), dated February 28, 2002, which designated him a level two sex offender.
Gerald B. Lefcourt, P.C., New York, N.Y. (Renato C. Stabile of counsel), for appellant.
Kevin L. Wright, District Attorney, Carmel, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, without costs or disbursements, and the petitioner is designated a level one sex offender.
The Supreme Court's determination designating the petitioner a level two sex offender is not supported by clear and convincing evidence in the record (see Correction Law §§ 168-l [b], 168-n[3]; People v. Mallory, 293 A.D.2d 881). Rather, the evidence supports a level one designation (see Correction Law 168-l [a]).
The petitioner's remaining contentions are without merit or are not properly before this court.
RITTER, J.P., SMITH, KRAUSMAN and RIVERA, JJ., concur.