Opinion
2002-03129.
Decided March 29, 2004.
Appeal by the defendant from an order of the Supreme Court, Nassau County (Ort, J.), entered March 7, 2002, which, pursuant to Correction Law article 6-c, designated him a level two 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: DAVID S. RITTER, J.P., SONDRA MILLER, HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The appellant was convicted on November 14, 1989, upon his Alford plea ( see North Carolina v. Alford, 400 U.S. 25), to sexual assault in the first degree under Connecticut General Statutes § 53a-70. After his release from jail and relocation to the State of New York, a hearing was held to determine the defendant's risk level pursuant to the Sex Offender Registration Act ( see Correction Law article 6-c) (hereinafter SORA). The proof presented by the People at the hearing consisted of, inter alia, a risk assessment instrument and case summary prepared by the Board of Examiners of Sex Offenders (hereinafter the Board), and the defendant's Connecticut presentence report and crime report. This proof was sufficient to establish by clear and convincing evidence the defendant's classification as a level two sex offender under SORA ( see People v. Moore, 1 A.D.3d 421; People v. Hampton, 300 A.D.2d 641; People v. Stores, 300 A.D.2d 554, 555; People v. Mitchell, 300 A.D.2d 377; People v. Cureton, 299 A.D.2d 532; People v. Wroten, 286 A.D.2d 189, 199; Correction Law § 168-n).
The defendant's remaining contentions are without merit.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.