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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2005
23 A.D.3d 635 (N.Y. App. Div. 2005)

Opinion

2004-02582.

November 28, 2005.

Appeal by the defendant from an order of the County Court, Suffolk County (Ohlig, J.), dated March 8, 2004, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.

James M. Montgomery, Amityville, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.

Before: Schmidt, J.P., Cozier, Rivera and Fisher, JJ., concur.


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

The County Court's determination to designate the defendant a level three sex offender in accordance with the risk assessment instrument was supported by clear and convincing evidence. Thus, it should not be disturbed ( see Correction Law § 168-n; People v. Baylor, 19 AD3d 467, lv denied 5 NY3d 710; People v. Masters, 19 AD3d 387; People v. Williams, 19 AD3d 388, lv denied 5 NY3d 713; People v. Villanueva, 13 AD3d 431; People v. Dong V. Dao, 9 AD3d 401, 401-402; People v. Hampton, 300 AD2d 641).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2005
23 A.D.3d 635 (N.Y. App. Div. 2005)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH JOHNSON…

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

Date published: Nov 28, 2005

Citations

23 A.D.3d 635 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 9083
804 N.Y.S.2d 266

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