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People v. Hitt

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 813 (N.Y. App. Div. 2004)

Opinion

2002-11146.

Decided May 24, 2004.

Appeal by the defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered November 12, 2002, as, upon convicting him of sexual abuse in the first degree (three counts) and assault in the third degree, upon his plea of guilty, designated him a level three sex offender pursuant to Correction Law article 6-C.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Before: HOWARD MILLER, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from.

Contrary to the defendant's contentions, the Supreme Court's determination designating him a level three sex offender was supported by clear and convincing evidence, and should not be disturbed ( see Correction Law § 168; People v. Angelo, 3 A.D.3d 482; People v. Hampton, 300 A.D.2d 641).

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.


Summaries of

People v. Hitt

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 813 (N.Y. App. Div. 2004)
Case details for

People v. Hitt

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ROBERT HITT, appellant

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

Date published: May 24, 2004

Citations

7 A.D.3d 813 (N.Y. App. Div. 2004)
776 N.Y.S.2d 886

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