PEOPLE v. TUCKER

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 three risk and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). County Court properly adopted the recommendation of the Board of Examiners of Sex Offenders in determining defendant's risk level ( see People v. Billingsley, 6 AD3d 1170, lv denied 3 NY3d 605). "The case summary, together with the presentence investigation report and information presented at the hearing, provided clear and convincing proof supporting defendant's presumptive classification as a [level three] risk . . . sex offender" ( People v. Ahlers, 10 AD3d 770, 771, lv denied 4 NY3d 704; see People v. Mitchell, 300 AD2d 377, 377-378, lv denied 99 NY2d 510).