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People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2010
71 A.D.3d 751 (N.Y. App. Div. 2010)

Opinion

No. 2007-08871.

March 9, 2010.

Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered January 4, 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.

Abraham J. Mayers, Yonkers, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (William C. Milaccio, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: Fisher, J.P., Santucci, Eng and Chambers, JJ., concur.


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

Contrary to the defendant's contention, the County Court's determination to designate him a level three sex offender was supported by clear and convincing evidence and, thus, should not be disturbed ( see Correction Law § 168-n; People v Solis, 52 AD3d 800; People v Bula, 41 AD3d 569; People v Morris, 33AD3d 778 [2006]; People v Baylor, 19 AD3d 467; People v Cureton, 299 AD2d 532).

The parties' remaining contentions either are without merit or need not be reached in light of our determination.


Summaries of

People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2010
71 A.D.3d 751 (N.Y. App. Div. 2010)
Case details for

People v. Delaney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DELANEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 2010

Citations

71 A.D.3d 751 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1943
895 N.Y.S.2d 748