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PEOPLE OF THE STATE OF NEW YORK, respondent, v. GARY OVERMAN, appellant.

DECISION ORDER

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

Contrary to the defendant's contention, the County Court's determination to designate the defendant a level three sex offender was supported by clear and convincing evidence, based on the facts contained in the pre-sentence investigation report, and the case summary and risk assessment instrument of the Board of Examiners of Sex Offenders ( see Correction Law § 168-n; People v. Angelo, 3 A.D.3d 482; People v. Oquendo, 1 A.D.3d 421, lv denied 1 N.Y.3d 599; People v. Baker, 303 A.D.2d 570).

ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.

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PEOPLE v. OVERMAN
(May 10, 2004)