PEOPLE v. AUSTIN

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

The Supreme Court's determination to designate the defendant a level three sex offender based upon a "presumptive override" factor, namely, that the defendant had "a prior felony conviction for a sex crime," is supported by clear and convincing evidence and, thus, should not be disturbed ( see People v Juarbe, 36 AD3d 602; People v Clinkscales, 18 AD3d 726).

The defendant's claim of ineffective assistance of counsel is without merit ( see People v Lamberty, 45 AD3d 486; People v Douglas, 18 AD3d 967, 968; cf. People v Stultz, 2 NY3d 277, 287).