Opinion
No. 2006-07383.
October 9, 2007.
Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated May 25, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for Respondent.
ROBERT W. SCHMIDT, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, MARK C. DILLON, JJ.
Before: Schmidt, J.E, Santucci, Florio and Dillon, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
The County Court's determination designating the defendant a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed ( see Correction Law § 168-n; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant's contention, the assessment of 30 points under risk factor 5 was appropriate ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]).