Opinion
No. 2005-01717.
January 9, 2007.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 21, 2005, which, after a hearing to redetermine the defendant's sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456), designated him a level three sex offender pursuant to Correction Law article 6-C.
Before: Miller, J.P., Rivera, Krausman and Goldstein, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court's determination to designate the defendant a level three sex offender based upon the existence of a "presumptive override" factor, namely, that the defendant had "a prior felony conviction for a sex crime" is supported by clear and convincing evidence and thus, should not be disturbed ( see People v Page, 32 AD3d 1352; People v Clinkscales, 18 AD3d 726; People v Boan, 11 AD3d 956).
The defendant's remaining contentions are unpreserved for appellate review.