People v Ortega
2008 NY Slip Op 02567 [49 AD3d 704]
March 18, 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
Kenneth Ortega, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.), dated February 16, 2007, which, after a hearing, designated him a level two 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 designating him a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]; People v Imperato, 45 AD3d 659 [2007]; People v Bula, 41 AD3d 569 [2007]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.