Opinion
No. 2006-11727.
October 21, 2008.
Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.), dated November 14, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: Fisher, J.P., Covello, McCarthy and Leventhal, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the County Court's determination to assess 20 points because he engaged in a continuing course of sexual misconduct is based on clear and convincing evidence ( see Correction Law § 168-n; People v Wright, 53 AD3d 963, 964; People v Di John, 48 AD3d 1302, 1303; People v Roberts, 38 AD3d 1151, 1152). Accordingly, the County Court properly designated the defendant a level three sex offender ( see People v Jenkins, 24 AD3d 645).