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People v. Smith

Supreme Court of New York, Second Department

July 3, 2013

People of State of New York, respondent,
v.
Robert Smith, appellant.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 12, 2012, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.

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

The County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act (see Correction Law article 6-C) was supported by clear and convincing evidence (see Correction Law article 6-C; People v Geehreng, 101 A.D.3d 975; People v Cox, 100 A.D.3d 866, lv denied 21 N.Y.3d 855; People v Dong V. Dao, 9 A.D.3d 401, 401-402). The defendant's arguments to the contrary are without merit.

BALKIN, J.P., HALL, LOTT and SGROI, JJ., concur.


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