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People v. Montalvo

44 A.D.3d 919 Court N.Y. App. Div. Decision date 2007-10-23 English

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p. 919
The People of the State of New York, Respondent, v David Montalvo, Appellant.
[843 NYS2d 512]

Appeal by the defendant from an order of the County Court, Suffolk County (Weber, J.), dated June 1, 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, his designation as a level three sex offender was supported by clear and convincing evidence (see Correction Law § 168-n; People v Hands, 37 AD3d 441 [2007]; People v Thompson, 31 AD3d 409 [2006]; People v

p. 920
O’Neal, 26 AD3d 365 [2006]). Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.

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