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People v. Smith

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


September 29, 2009

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
LEON SMITH, APPELLANT.

Appeal by the defendant from an order of the Supreme Court, Kings County (Tomei, J.), dated August 8, 2006, which, after a hearing, designated him a level three 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.

REINALDO E. RIVERA, J.P., ROBERT A. SPOLZINO, ANITA R. FLORIO and JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

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

Contrary to the defendant's contention, the risk assessment instrument and case summary prepared by the Board of Examiners of Sex Offenders supported, by clear and convincing evidence, a level three sex-offender designation (see People v Mingo, 12 NY3d 563, 573; People v Hegazy, 25 AD3d 675). The defendant did not dispute the evidence submitted or offer any contradictory evidence (see People v Penson, 38 AD3d 866).

RIVERA, J.P., SPOLZINO, FLORIO and LEVENTHAL, JJ., concur.

20090929

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