People v. Atkinson

34 A.D.3d 551, 823 N.Y.S.2d 688

Opinion

Appeal by the defendant from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 15, 2005, which, without 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, the evidence submitted by the People established, by clear and convincing evidence (see Correction Law § 168-k [2]), including reliable hearsay (id.), the existence of facts sufficient to support the recommendation of the Board of Examiners of Sex Offenders that the defendant be classified as a level three sex offender (see People v Hegazy, 25 AD3d 675 [2006]; People v Terdeman, 175 Misc 2d 379 [1997]). Santucci, J.P., Mastro, Fisher and Dillon, JJ., concur.