People v. Dym

122 A.D.3d 818, 995 N.Y.S.2d 517

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 19, 2014
• Docket: 2013-05641
• Status: Published

Opinion

Appeal by the defendant from an order of the Supreme Court, Rockland County (Kelly, J), dated April 3, 2013, 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.

In determining a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People have the burden of establishing the facts supporting the determination sought by clear and convincing evidence (see Cor rection Law § 168-n [3]; People v Mingo, 12 NY3d 563, 571 [2009]; People v King, 80 AD3d 681, 682 [2011]).

Contrary to the defendant’s contention, the factors relied upon by the People to determine his classification as a level two sex offender were established by clear and convincing evidence (see People v Mingo, 12 NY3d 563, 571-572 [2009]; People v Johnson, 85 AD3d 889 [2011]; People v Fortin, 29 AD3d 765, 766 [2006]; People v Mitchell, 300 AD2d 377, 378 [2002]).

Dillon, J.P, Miller, Maltese and Duffy, JJ., concur.