People v Wayne Peterkin

People v Peterkin 2004 NY Slip Op 02368 [5 AD3d 751] March 29, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

The People of the State of New York, Respondent,
v
Wayne Peterkin, Appellant.

—Appeal by the defendant from (1) an order of the County Court, Westchester County (Zambelli, J.), dated March 28, 2003, which, pursuant to Correction Law article 6-C, designated him a level three sex offender, and (2) so much of an order of the same court entered May 1, 2003, as, upon renewal, adhered to the original determination.

Ordered that the appeal from the order dated March 28, 2003, is dismissed, without costs or disbursements, as that order was superseded by the order entered May 1, 2003, made upon renewal; and it is further,

Ordered that the order entered May 1, 2003, is affirmed insofar as appealed from, without costs or disbursements.

The People presented clear and convincing evidence sufficient to support the County Court's determination designating the defendant a level three sex offender under the Sex Offender Registration Act (see Correction Law § 168-n [3]; People v Hampton, 300 AD2d 641 [2002]; People v Wroten, 286 AD2d 189 [2001]). Ritter, J.P., Santucci, Adams and Crane, JJ., concur.