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PEOPLE v. DIAZ

2010-00215.

84 A.D.3d 769 (2011)

921 N.Y.S.2d 876

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL DIAZ, Appellant.

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

Decided May 3, 2011.

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

At the hearing conducted pursuant to the Sex Offender Registration Act (Correction Law art 6-C), the People proved by clear and convincing evidence that an upward departure to a risk level two sexually violent offender designation was warranted (see Correction Law § 168-a [3], [7] [b]; § 168-n [3]; Sex Offender Registration Act: Risk Assessment...

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