Opinion
KA 05-01923.
September 22, 2006.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered May 4, 2005. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
GARY A. HORTON, PUBLIC DEFENDER, BATAVIA (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.) County Court's determination is supported by clear and convincing evidence ( see § 168-n [3]; People v Hegazy, 25 AD3d 675) and the record does not warrant a downward departure from defendant's presumptively correct risk classification ( see People v Glover, 28 AD3d 1187).