PEOPLE v. MARIO ROMANA

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). On May 7, 1993, defendant was convicted, upon his guilty plea, of rape in the second degree for engaging in sexual intercourse with a 13-year-old girl. Upon his release from jail in 1996, defendant was classified a level three sex offender. In accordance with the stipulation of settlement in Doe v Pataki ( 427 F Supp 2d 398), a rede-termination hearing was held. Contrary to defendant's contention, Supreme Court's determination that defendant is a level two risk is based upon clear and convincing evidence ( see generally Correction Law § 168-n). The evidence established that defendant courted the victim and engaged in sexual intercourse with her after learning that she was 13 years old. Moreover, the self-serving denial of defendant that he established the relation-ship for the purpose of victimizing the victim presented an issue of credibility for the court ( see People v Carlton, 307 AD2d 763).