Opinion
No. 2007-00389.
September 23, 2008.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 6, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y., (Morrie I. Kleinbart and Lauren-Brooke Eisen of counsel), for respondent.
Before: Fisher, J.P., Balkin, McCarthy and Chambers, JJ.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court's determination to designate the defendant a level three sex offender based upon a "presumptive override" factor, namely, that the defendant had "a prior felony conviction for a sex crime," is supported by clear and convincing evidence and, thus, should not be disturbed ( see People v Juarbe, 36 AD3d 602; People v Clinkscales, 18 AD3d 726).
The defendant's claim of ineffective assistance of counsel is without merit ( see People v Lamberty, 45 AD3d 486; People v Douglas, 18 AD3d 967, 968; cf. People v Stultz, 2 NY3d 277, 287).