Opinion
2000-10909.
Decided April 26, 2004.
Appeal by the defendant from an order of the County Court, Nassau County (Carter, J.), dated October 25, 2000, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Margaret E. Mainusch of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The defendant's contention that his designation as a level three sex offender violated his right to due process because the prosecution failed to offer any evidence at the determination hearing is unpreserved for appellate review ( see People v. Cureton, 299 A.D.2d 532). In any event, the prosecution presented clear and convincing evidence to support a risk level three classification, in the form of a risk assessment instrument and case summary prepared by the Board of Examiners of Sex Offenders (hereinafter the Board), along with the defendant's presentence report ( see People v. Moore, 1 A.D.3d 421; People v. Mitchell, 300 A.D.2d 377; People v. Cureton, supra; Correction Law § 168-n).
We further find that the defendant was given sufficient notice of the basis of the Board's recommendation, and the notice advised him of his right to pre-hearing discovery ( see Correction Law § 168-n; see also Doe v. Pataki, 3 F. Supp.2d 456, 472).
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.