People v Smith
2013 NY Slip Op 05054 [108 AD3d 514]
July 3, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


The People of the State of New York, Respondent,
v
Robert Smith, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 12, 2012, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.

Ordered that the order is affirmed, without costs or disbursements.

The County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act (see Correction Law art 6-C) was supported by clear and convincing evidence (see Correction Law art 6-C; People v Geehreng, 101 AD3d 975 [2012]; People v Cox, 103 AD3d 866 [2012], lv denied 21 NY3d 855 [2013]; People v Dong V. Dao, 9 AD3d 401, 401-402 [2004]). The defendant's arguments to the contrary are without merit. Balkin, J.P., Hall, Lott and Sgroi, JJ., concur.