Opinion
2002-04788.
Decided May 10, 2004.
Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated May 1, 2002, which, pursuant to Correction Law article 6-c, designated him a level three sex offender.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, GABRIEL M. KRAUSMAN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the County Court's determination to designate the defendant a level three sex offender was supported by clear and convincing evidence, based on the facts contained in the pre-sentence investigation report, and the case summary and risk assessment instrument of the Board of Examiners of Sex Offenders ( see Correction Law § 168-n; People v. Angelo, 3 A.D.3d 482; People v. Oquendo, 1 A.D.3d 421, lv denied 1 N.Y.3d 599; People v. Baker, 303 A.D.2d 570).
ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.