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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH JOHNSON, Appellant.

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

The County Court's determination to designate the defendant a level three sex offender in accordance with the risk assessment instrument was supported by clear and convincing evidence. Thus, it should not be disturbed ( see Correction Law § 168-n; People v. Baylor, 19 AD3d 467, lv denied 5 NY3d 710; People v. Masters, 19 AD3d 387; People v. Williams, 19 AD3d 388, lv denied 5 NY3d 713; People v. Villanueva, 13 AD3d 431; People v. Dong V. Dao, 9 AD3d 401, 401-402; People v. Hampton, 300 AD2d 641).

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PEOPLE v. JOHNSON
(Nov 28, 2005)