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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS VILLANUEVA, Appellant.

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

Contrary to the defendant's contention on appeal, the Supreme Court's determination that he was a level three sex offender under the Sex Offender Registration Act was supported by clear and convincing evidence ( see Correction Law art 6-C; People v. Smith, 5 AD3d 752, lv denied 3 NY3d 602; People v. Moore, 1 AD3d 421; People v. Brooks, 308 AD2d 99).

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PEOPLE v. VILLANUEVA
(Dec 13, 2004)