People v Hernandez
2008 NY Slip Op 02128 [49 AD3d 621]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Roberto Hernandez, 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 E. Mainusch and Jason P. Weinstein of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Brown, J.), dated July 28, 2005, 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 is supported by clear and convincing evidence (see People v Green, 47 AD3d 692 [ 2008]; People v Smith, 46 AD3d 791 [2007]; People v Davenport, 38 AD3d 634 [2007]; People v Morris, 33 AD3d 778 [2006]). Spolzino, J.P., Santucci, Angiolillo and Balkin, JJ., concur.