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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JUARBE, Appellant.

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 the existence of 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 Page, 32 AD3d 1352; People v Clinkscales, 18 AD3d 726; People v Boan, 11 AD3d 956).

The defendant's remaining contentions are unpreserved for appellate review.

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PEOPLE v. JUARBE
(Jan 9, 2007)