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State v. Frizalone

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 2007
37 A.D.3d 796 (N.Y. App. Div. 2007)

Opinion

No. 2004-09511.

February 27, 2007.

Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, J.), entered October 7, 2004, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret A. Mainusch and Cristin N. Connell of counsel), for respondent

Before: Mastro, J.P., Fisher, Angiolillo and McCarthy, JJ.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the County Court's determination to designate him a level three sex offender was supported by clear and convincing evidence, and thus, should not be disturbed ( see Correction Law § 168-n; People v Morris, 33 AD3d 778, lv denied 7 NY3d 718; People v Robert I., 33 AD3d 777; People v Glenn, 24 AD3d 427; People v Johnson, 23 AD3d 635, 635-636).


Summaries of

State v. Frizalone

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 2007
37 A.D.3d 796 (N.Y. App. Div. 2007)
Case details for

State v. Frizalone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS FRIZALONE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 27, 2007

Citations

37 A.D.3d 796 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1707
829 N.Y.S.2d 915