Opinion
No. 2020-02186
11-02-2022
The People of the State of New York, respondent, v. Antonio Sutton, appellant.
Laurette D. Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.
BETSY BARROS, J.P. CHERYL E. CHAMBERS, ROBERT J. MILLER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Suffolk County (Chris Ann Kelley, J.), dated February 10, 2020, which, after a hearing, designated him a level one sexually violent offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court's designation of the defendant as a level one sexually violent offender was supported by clear and convincing evidence (see Correction Law § 168-n[3]; People v Smith, 103 A.D.3d 616, 616). The defendant was properly designated a sexually violent offender based upon his conviction of a sex offense in North Carolina (see Correction Law § 168-a[3]; People v Uver A., 195 A.D.3d 61, 63; People v Terry, 177 A.D.3d 494, 494; People v Alvarez, 166 A.D.3d 570, 570; People v Maldonado, 147 A.D.3d 798, 799; People v Lopez, 146 A.D.3d 477, 477; People v Smith, 103 A.D.3d at 616).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.
BARROS, J.P., CHAMBERS, MILLER and ZAYAS, JJ., concur.