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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL MORRIS, Appellant.

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

The Supreme Court's determination designating the defendant a level three sex offender is supported by clear and convincing evidence ( see Correction Law § 168-n) and, therefore, should not be disturbed on appeal ( see People v O'Neal, 26 AD3d 365, lv denied 7 NY3d 702; People v Baylor, 19 AD3d 467; People v Smith, 5 AD3d 752; People v Stokes, 5 AD3d 651; People v Cureton, 299 AD2d 532).

The defendant's remaining contentions are unpreserved for appellate review ( see People v. Barber, 29 AD3d 660; People v Burgess, 6 AD3d 686; People v Angelo, 3 AD3d 482; People v Cureton, supra), or are based on matter dehors the record ( see People v Gliatta, 27 AD3d 441).

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PEOPLE v. MORRIS
(Oct 17, 2006)