People v Montalvo
Annotate this CaseThe People of the State of New York, Respondent,
v
David Montalvo, Appellant.
—[*1] Robert C. Mitchell, Riverhead, N.Y. (James H. Miller of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.
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 O'Neal, 26 AD3d 365 [2006]). Schmidt, J.P., Fisher, Lifson and Carni, JJ., concur.
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