Opinion
No. 2005-10861.
November 21, 2006.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Molea, J.), dated October 7, 2005, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender and imposed a $50 sex offender registration fee upon the defendant.
Before: Santucci, J.P., Mastro, Fisher and Dillon, JJ., concur.
Ordered that the order is modified, on the law, by deleting the provision thereof imposing a $50 sex offender registration fee upon the defendant pursuant to Penal Law § 60.35 (1) (a) (iv); as so modified, the order is affirmed, without costs or disbursements.
There was clear and convincing evidence to support the Supreme Court's determination to designate the defendant a level two sex offender, and thus it will not be disturbed on appeal ( see People v Inghilleri, 21 AD3d 404; People v Brown, 7 AD3d 595; People v Guaman, 8 AD3d 545).
However, the court improperly imposed the $50 sex offender registration fee upon the defendant since it is undisputed that the underlying offense was committed prior to the 2003 amendment to Penal Law § 60.35 which provided for the imposition of a sex offender registration fee ( see Penal Law § 60.35 [a] [iv]; People v Lloyd, 23 AD3d 296; People v Allen, 17 AD3d 151; see also People v Valdelamar, 122 AD2d 289).
The defendant's remaining contentions are without merit.