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State v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 920 (N.Y. App. Div. 2007)

Opinion

No. 2006-06778.

October 23, 2007.

Appeal by the defendant from an order of the County Court, Suffolk County (Hudson, J.), dated June 30, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Before: Rivera, J.P., Covello, Angiolillo and Dickerson, JJ., concur.


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

Contrary to the defendant's contention, the County Court's determination designating him a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed ( see Correction Law § 168-n; People v Glenn, 24 AD3d 427; People v Gambetta, 19 AD3d 571).


Summaries of

State v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 920 (N.Y. App. Div. 2007)
Case details for

State v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE SMITH, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 23, 2007

Citations

44 A.D.3d 920 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8052
843 N.Y.S.2d 512