People v Crum
2011 NY Slip Op 00663 [81 AD3d 619]
February 1, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


The People of the State of New York, Respondent,
v
Anthony Crum, Appellant.

[*1]

Steven Banks, New York, N.Y. (Ellen Dille of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated March 7, 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 [1998]), 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 Supreme Court's designation of him as a level two sex offender pursuant to Correction Law article 6-C is supported by clear and convincing evidence (see generally Correction Law § 168-n [3]; People v Pettigrew, 14 NY3d 406, 408 [2010]). Mastro, J.P., Rivera, Austin and Roman, JJ., concur.