Opinion
KA 04-00053.
June 10, 2005.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered November 13, 2003. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (MARGARET A. JONES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Green, J.P., Hurlbutt, Scudder, Pine and Lawton, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of defendant that County Court erred in determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The record establishes that defendant engaged in a continuous course of sexual misconduct and did not complete treatment because of a disciplinary problem. Consequently, we conclude that the court's determination is supported by clear and convincing evidence ( see generally § 168-n [3]; People v. Barnwell, 6 AD3d 1146, 1147, lv denied 3 NY3d 604).