Opinion
No. 2007-11261.
November 24, 2009.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated November 8, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Michael Shollar of counsel), for respondent.
Before: Fisher, J.P., Covello, Santucci and Balkin, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the People established, by clear and convincing evidence ( see Correction Law § 168-n), that he inflicted a "physical injury" upon the victim (Penal Law § 10.00; see People v Sullivan, 64 AD3d 67, 74; People v Fisher, 22 AD3d 358; People v Tomczak, 189 AD2d 926, 927; cf. People v Chiddick, 8 NY3d 445, 447-448). Accordingly, the Supreme Court properly assessed 15 points for risk factor 1 based upon the defendant's use of violence, and properly designated the defendant a level three sex offender.