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PEOPLE v. OVERMAN

Appellate Division of the Supreme Court of New York, Second Department.
May 10, 2004
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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 ยง 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.