People v. Austin

54 A.D.3d 916, 863 N.Y.S.2d 613

Opinion

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 6, 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.

The Supreme Court’s determination to designate the defendant a level three sex offender based upon a “presumptive override” factor, namely, that the defendant had “a prior felony conviction for a sex crime,” is supported by clear and convincing evidence and, thus, should not be disturbed (see People v Juarbe, 36 AD3d 602 [2007]; People v Clinkscales, 18 AD3d 726 [2005]).

The defendant’s claim of ineffective assistance of counsel is without merit (see People v Lamberty, 45 AD3d 486 [2007]; People v Douglas, 18 AD3d 967, 968 [2005]; cf. People v Stultz, 2 NY3d 277, 287 [2004]). Fisher, J.E, Balkin, McCarthy and Chambers, JJ., concur.