Opinion
No. 2005-05188.
March 18, 2008.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated April 8, 2005, which, after a hearing to redetermine the defendant's sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456), designated him a level three sex offender pursuant to Correction Law article 6-C.
Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.
Before: Spolzino, J.P., Angiolillo, Balkin and Leventhal, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contentions, the Supreme Court's determination to designate the defendant a level three sex offender was supported by clear and convincing evidence, based on the facts and admissions contained in the pre-sentence investigation report, the case summary, and the risk assessment instrument of the Board of Examiners of Sex Offenders ( see Correction Law § 168-n; People v Yarborough, 43 AD3d 1129, 1130, lv denied 9 NY3d 816; People v Penson, 38 AD3d 866, 867; People v Romana, 35 AD3d 1241; People v Carlton, 307 AD2d 763, 764).