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PEOPLE v. SMOLEN

47 A.D.3d 623 (2008)

849 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL SMOLEN, Also Known as SAMUEL J. SMOLEN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 8, 2008.

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 contained in the presentence investigation reports, the case summary, and the risk assessment instrument of the Board of Examiners of Sex Offenders (see Correction Law § 168-n; People v Yarborough,...

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