Opinion
11-19-2014
PEOPLE of State of New York, respondent, v. Shmuel DYM, appellant., appellant.
Patrick J. Jennings, Saratoga Springs, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Patrick J. Jennings, Saratoga Springs, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Rockland County (Kelly, J.), dated April 3, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
In determining a defendant's risk level pursuant to the Sex Offender Registration Act (see Correction Law art. 6–C), the People have the burden of establishing the facts supporting the determination sought by clear and convincing evidence (see Correction Law § 168–n[3] ; People v. Mingo, 12 N.Y.3d 563, 571, 883 N.Y.S.2d 154, 910 N.E.2d 983 ; People v. King, 80 A.D.3d 681, 682, 914 N.Y.S.2d 671 ).
Contrary to the defendant's contention, the factors relied upon by the People to determine his classification as a level two sex offender were established by clear and convincing evidence (see People v. Mingo, 12 N.Y.3d 563, 571–572, 883 N.Y.S.2d 154, 910 N.E.2d 983 ; People v. Johnson, 85 A.D.3d 889, 925 N.Y.S.2d 350 ; People v. Fortin, 29 A.D.3d 765, 766, 814 N.Y.S.2d 282 ; People v. Mitchell, 300 A.D.2d 377, 378, 751 N.Y.S.2d 530 ).
DILLON, J.P., MILLER, MALTESE and DUFFY, JJ., concur.