People v Lawless

People v Lawless 2007 NY Slip Op 07678 [44 AD3d 738] October 9, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent,
v
John R. Lawless, Appellant.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated May 25, 2006, 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.

The County Court's determination designating the defendant a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant's contention, the assessment of 30 points under risk factor 5 was appropriate (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]). Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.