122 A.D.3d 818 995 N.Y.S.2d 517

The People of the State of New York, Respondent, v Shmuel Dym, Appellant.

[995 NYS2d 517]

Appeal by the defendant from an order of the Supreme Court, Rockland County (Kelly, J), dated April 3, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

In determining a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People have the burden of establishing the facts supporting the determination sought by clear and convincing evidence (see Cor*819rection Law § 168-n [3]; People v Mingo, 12 NY3d 563, 571 [2009]; People v King, 80 AD3d 681, 682 [2011]).

Contrary to the defendant’s contention, the factors relied upon by the People to determine his classification as a level two sex offender were established by clear and convincing evidence (see People v Mingo, 12 NY3d 563, 571-572 [2009]; People v Johnson, 85 AD3d 889 [2011]; People v Fortin, 29 AD3d 765, 766 [2006]; People v Mitchell, 300 AD2d 377, 378 [2002]).

Dillon, J.P, Miller, Maltese and Duffy, JJ., concur.

People v. Dym
122 A.D.3d 818 995 N.Y.S.2d 517

Case Details

Name
People v. Dym
Decision Date
Nov 19, 2014
Citations

122 A.D.3d 818

995 N.Y.S.2d 517

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!