People of State of New York, respondent, v. Byron Adams, appellant. (2011)

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

People of State of New York, respondent, v. Byron Adams, appellant.

2010–03658

Decided: April 05, 2011

DANIEL D. ANGIOLILLO, J.P. ANITA R. FLORIO ARIEL E. BELEN LEONARD B. AUSTIN, JJ.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.

Submitted—February 3, 2011

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), dated March 11, 2010, 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.

The County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act was supported by clear and convincing evidence (see Correction Law § 168–n[3]; People v. Mendez, 79 AD3d 834, lv denied NY3d, 2011 N.Y. Slip Op 68259 [2011]; People v. Vega, 79 AD3d 718; People v. Niola, 50 AD3d 991; see generally People v. Mingo, 12 NY3d 563).

ANGIOLILLO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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