People v Smith
2007 NY Slip Op 08052 [44 AD3d 920]
October 23, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Jamie Smith, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated June 30, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, the County Court's determination designating him a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]; People v Glenn, 24 AD3d 427 [2005]; People v Gambetta, 19 AD3d 571 [2005]). Rivera, J.P., Covello, Angiolillo and Dickerson, JJ., concur.