People v. Morris

33 A.D.3d 778, 821 N.Y.S.2d 922

Opinion

by the defendant from an order of the Supreme Court, Kings County (Guzman, J), dated February 24, 2005, which 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 designating the defendant a level three sex offender is supported by clear and convincing evidence (see Correction Law § 168-n [3]) and, therefore, should not be disturbed on appeal (see People v O’Neal, 26 AD3d 365 [2006], lv denied 7 NY3d 702 [2006]; People v Baylor, 19 AD3d 467 [2005]; People v Smith, 5 AD3d 752 [2004]; People v Stokes, 5 AD3d 651 [2004]; People v Cureton, 299 AD2d 532 [2002]).

The defendant’s remaining contentions are unpreserved for appellate review (see People v Barber, 29 AD3d 660 [2006]; People v Burgess, 6 AD3d 686 [2004]; People v Angelo, 3 AD3d 482 [2004]; People v Cureton, supra), or are based on matter dehors the record (see People v Gliatta, 27 AD3d 441 [2006]). Adams, J.E, Krausman, Fisher and Dillon, JJ., concur.