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People v. Delaney

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


March 9, 2010

PEOPLE OF STATE OF NEW YORK, RESPONDENT,
v.
DAVID DELANEY, APPELLANT.

Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered January 4, 2005, 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), 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.

STEVEN W. FISHER, J.P., FRED T. SANTUCCI, RANDALL T. ENG and CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

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

Contrary to the defendant's contention, the County Court's determination to designate him a level three sex offender was supported by clear and convincing evidence and, thus, should not be disturbed (see Correction Law § 168-n[3]; People v Solis, 52 AD3d 800; People v Bula, 41 AD3d 569; People v Morris, 33AD3d 778; People v Baylor, 19 AD3d 467, People v Cureton, 299 AD2d 532).

The parties' remaining contentions either are without merit or need not be reached in light of our determination.

FISHER, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

20100309

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