People v Montalvo
2007 NY Slip Op 08051 [44 AD3d 919]
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
David Montalvo, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller 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 (Weber, J.), dated June 1, 2006, which, after a hearing, designated him a level three 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, his designation as a level three sex offender was supported by clear and convincing evidence (see Correction Law § 168-n; People v Hands, 37 AD3d 441 [2007]; People v Thompson, 31 AD3d 409 [2006]; People v O'Neal, 26 AD3d 365 [2006]). Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.