Majority
Appeal by the defendant from an order of the Supreme Court, Rockland County (Kelly, J), dated April 3, 2013, 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.
In determining a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People have the burden of establishing the facts supporting the determination sought by clear and convincing evidence (see Cor
Contrary to the defendant’s contention, the factors relied upon by the People to determine his classification as a level two sex offender were established by clear and convincing evidence (see People v Mingo, 12 NY3d 563 , 571-572 [2009]; People v Johnson, 85 AD3d 889 [2011]; People v Fortin, 29 AD3d 765 , 766 [2006]; People v Mitchell, 300 AD2d 377 , 378 [2002]).
Dillon, J.P, Miller, Maltese and Duffy, JJ., concur.
Cases cited
- People v. Mingo 12 NY3d 563 at 571, at 571-572 p. 819
- People v. Johnson 85 AD3d 889 p. 819
- People v. Fortin 29 AD3d 765 at 766 p. 819