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STATE v. LAWLESS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 9, 2007

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

The County Court's determination designating the defendant a level two sex offender was supported by clear and convincing evidence, and therefore should not be disturbed ( see Correction Law ยง 168-n; People v Glenn, 24 AD3d 427 [2005]). Contrary to the defendant's contention, the assessment of 30 points under risk factor 5 was appropriate ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006 ed]).