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State v. Montalvo

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 919 (N.Y. App. Div. 2007)

Opinion

No. 2006-05698.

October 23, 2007.

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated June 1, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Before: Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.


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

Contrary to the defendant's contention, his designation as a level three sex offender was supported by clear and convincing evidence ( see Correction Law § 168-n; People v Hands, 37 AD3d 441; People v Thompson, 31 AD3d 409; People v O'Neal, 26 AD3d 365).


Summaries of

State v. Montalvo

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 919 (N.Y. App. Div. 2007)
Case details for

State v. Montalvo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MONTALVO…

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

Date published: Oct 23, 2007

Citations

44 A.D.3d 919 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8051
843 N.Y.S.2d 512

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