People v Turpeau

People v Turpeau 2009 NY Slip Op 09636 [68 AD3d 1083] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Jose Turpeau, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.), dated September 26, 2008, which, after a hearing, granted the motion of the People of the State of New York for an upward modification of his risk level, and designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs.

Contrary to the defendant's assertion, the proof offered at the hearing showing that he violated probation by failing to report to probation and make his whereabouts known, and that he was convicted of failing to register as a sex offender, provided clear and convincing evidence that he was at an increased risk to re-offend (see Correction Law § 168-o). Accordingly, the County Court properly granted the motion of the People of the State of New York for an upward modification of his risk level designation from a level two to a level three sex offender. Dillon, J.P., Santucci, Florio and Hall, JJ., concur.