Opinion
2013-07-3
PEOPLE of State of New York, respondent, v. Robert SMITH, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 12, 2012, which, after a hearing pursuant to Correction Law article 6–C, designated him a level three sex offender.
ORDERED that the order is affirmed, without costs or disbursements.
The County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act ( see Correction Law article 6–C) was supported by clear and convincing evidence ( see Correction Law article 6–C; People v. Geehreng, 101 A.D.3d 975, 955 N.Y.S.2d 530;People v. Cox, 103 A.D.3d 866, 961 N.Y.S.2d 474,lv. denied21 N.Y.3d 855, 2013 WL 1876254;People v. Dong V. Dao, 9 A.D.3d 401, 401–402, 779 N.Y.S.2d 914). The defendant's arguments to the contrary are without merit.