PEOPLE v. YARBOROUGH (2007)

Supreme Court, Appellate Division, Second Department, New York.

PEOPLE of State of New York, respondent, v. Maurice YARBOROUGH, appellant.

Decided: September 25, 2007

STEPHEN G. CRANE, J.P., ROBERT A. LIFSON, EDWARD D. CARNI, and RUTH C. BALKIN, JJ.

Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wagner, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Westchester County (Bellantoni, J.), entered July 25, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contentions, the County Court's determination to designate him a level three sex offender is supported by clear and convincing evidence, based on the facts and admissions contained in the pre-sentence investigation report, the case summary, and the Risk Assessment Instrument of the Board of Examiners of Sex Offenders (see Correction Law § 168-n; People v. Arnold, 35 A.D.3d 827, 828 N.Y.S.2d 119; People v. Grimmett, 29 A.D.3d 766, 767, 813 N.Y.S.2d 911; cf. People v. Hines, 24 A.D.3d 524, 525, 807 N.Y.S.2d 608; People v. Davis, 21 A.D.3d 590, 592, 799 N.Y.S.2d 324).

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