Opinion
2004-02582.
November 28, 2005.
Appeal by the defendant from an order of the County Court, Suffolk County (Ohlig, J.), dated March 8, 2004, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.
James M. Montgomery, Amityville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Before: Schmidt, J.P., Cozier, Rivera and Fisher, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The County Court's determination to designate the defendant a level three sex offender in accordance with the risk assessment instrument was supported by clear and convincing evidence. Thus, it should not be disturbed ( see Correction Law § 168-n; People v. Baylor, 19 AD3d 467, lv denied 5 NY3d 710; People v. Masters, 19 AD3d 387; People v. Williams, 19 AD3d 388, lv denied 5 NY3d 713; People v. Villanueva, 13 AD3d 431; People v. Dong V. Dao, 9 AD3d 401, 401-402; People v. Hampton, 300 AD2d 641).