People v Luis Villanueva

People v Villanueva 2004 NY Slip Op 09275 [13 AD3d 431] December 13, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

The People of the State of New York, Respondent,
v
Luis Villanueva, Appellant.

—[*1]Appeal by the defendant from an order of the Supreme Court, Queens County (Grosso, J.), dated August 16, 2001, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.

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

Contrary to the defendant's contention on appeal, the Supreme Court's determination that he was a level three sex offender under the Sex Offender Registration Act was supported by clear and convincing evidence (see Correction Law art 6-C; People v Smith, 5 AD3d 752 [2004], lv denied 3 NY3d 602 [2004]; People v Moore, 1 AD3d 421 [2003]; People v Brooks, 308 AD2d 99 [2003]). Ritter, J.P., Krausman, Goldstein and Lifson, JJ., concur.