People v Frizalone
2007 NY Slip Op 01707 [37 AD3d 796]
February 27, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


The People of the State of New York, Respondent,
v
Thomas Frizalone, Appellant.

—[*1] Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret A. Mainusch and Cristin N. Connell of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Gulotta, J.), entered October 7, 2004, 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, 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 Morris, 33 AD3d 778 [2006], lv denied 7 NY3d 718 [2006]; People v Robert I., 33 AD3d 777 [2006]; People v Glenn, 24 AD3d 427 [2005]; People v Johnson, 23 AD3d 635, 635-636 [2005]). Mastro, J.P., Fisher, Angiolillo and McCarthy, JJ., concur.