People v Porter
2008 NY Slip Op 04485 [51 AD3d 750]
May 13, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Timothy Porter, Appellant.

—[*1] David Goodman, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent. Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated June 6, 2006, 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.

The County Court's determination to designate the defendant a level two sex offender was supported by clear and convincing evidence, and thus should not be disturbed (see Correction Law § 168-n [3]; People v Gambetta, 19 AD3d 571 [2005]). Rivera, J.P., Santucci, Eng and Chambers, JJ., concur.