People v. Juarbe

36 A.D.3d 602, 825 N.Y.S.2d 918

Opinion

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 21, 2005, which, after a hearing to redetermine the defendant’s sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), 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 the existence of 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 Page, 32 AD3d 1352 [2006]; People v Clinkscales, 18 AD3d 726 [2005]; People v Boan, 11 AD3d 956 [2004]).

The defendant’s remaining contentions are unpreserved for appellate review. Miller, J.P, Rivera, Krausman and Goldstein, JJ., concur.