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44 A.D.3d 738

People v. Lawless

Appellate Division of the Supreme Court of the State of New York · decided 2007-10-09

Decided 2007-10-09

¶1Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated May 25, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

¶2Ordered that the order is affirmed, without costs or disbursements.

¶3The County Court’s determination designating the defendant a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed (see Correction Law § 168-n [3]; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant’s contention, the assessment of 30 points under risk factor 5 was appropriate (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]). Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.

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