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People v. Hammonds

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


January 20, 2009

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ELTON HAMMONDS, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.), entered March 25, 2008, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., ROBERT A. SPOLZINO, WILLIAM E. McCARTHY and JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

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

Contrary to the defendant's contentions, the Supreme Court's determination to designate him a level two sex offender was supported by clear and convincing evidence. The determination was based on the facts and admissions contained in the presentence investigation report, the case summary and the risk assessment instrument of the Board of Examiners of Sex Offenders, and the victim's sworn statement (see Correction Law § 168-n; People v Arnold, 35 AD3d 827; People v Murphy, 33 AD3d 778, 779; People v Thompson, 31 AD3d 409; People v Grimmett, 29 AD3d 766, 767; People v Hines, 24 AD3d 524, 525; People v Davis, 21 AD3d 590, 592).

PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.

20090120

© 1992-2009 VersusLaw Inc.



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