January 29, 2008.
Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated February 2, 2006, which, after a hearing to redetermine the defendant's sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki ( 3 F Supp 2d 456), designated him a level three sex offender pursuant to Correction Law article 6-C.
Steven Banks, New York, N.Y. (Désire´e Sheridan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Morgan J. Dennehy of counsel), for respondent.
Before: Ritter, J.P., Miller, Dillon and Angiolillo, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, his designation as a level three sex offender is supported by clear and convincing evidence ( see Correction Law § 168-n; People v Montalvo, 44 AD3d 919, lv denied 9 NY3d 817). Further, his contention that the hearing court's use of the risk assessment instrument prepared by the Board of Examiners of Sex Offenders denied him due process is without merit ( see People v Windham, 37 AD3d 571, lv granted 8 NY3d 816; People v Flowers, 35 AD3d 690, lv denied 8 NY3d 810).
The defendant's remaining contentions are without merit.