People v Bynum
2008 NY Slip Op 05664 [52 AD3d 667]
June 17, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Joshua Bynum, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Konviser, J.), dated May 22, 2006, 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 Supreme Court's determination designating him a level three sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]; People v McLaughlin, 40 AD3d 832, 833 [2007]; People v Hyson, 27 AD3d 919, 920 [2006]). Fisher, J.P., Miller, Carni and Dickerson, JJ., concur.