Opinion
KA 04-00169.
April 28, 2006.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered January 7, 2004. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NANCY A. GILLIGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Gorski, J.P., Martoche, Smith, Green and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Contrary to the contention of defendant, County Court's determination that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.) is supported by the requisite clear and convincing evidence and thus should not be disturbed ( see § 168-n [3]; People v. Hampton, 300 AD2d 641, lv denied 99 NY2d 510).