| People v Molina |
| 2008 NY Slip Op 10597 [57 AD3d 959] |
| December 30, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Pablo Molina, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, Richard
Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered November 13, 2007, 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.
The defendant was properly adjudicated a level three sex offender, based, inter alia, on clear and convincing evidence of use of a dangerous instrument during the course of his sex offense (see People v Owusu, 93 NY2d 398, 400-404 [1999]; People v Carter, 53 NY2d 113, 117 [1981]; People v Williams, 40 AD3d 402 [2007]; People v Travis, 273 AD2d 544, 547 [2000]).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit. Mastro, J.P., Miller, Carni and Chambers, JJ., concur.