PEOPLE v. BURGESS

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

The defendant's contention that his designation as a level three sex offender violated his right to due process because the prosecution failed to offer any evidence at the determination hearing is unpreserved for appellate review ( see People v. Cureton, 299 A.D.2d 532). In any event, the prosecution presented clear and convincing evidence to support a risk level three classification, in the form of a risk assessment instrument and case summary prepared by the Board of Examiners of Sex Offenders (hereinafter the Board), along with the defendant's presentence report ( see People v. Moore, 1 A.D.3d 421; People v. Mitchell, 300 A.D.2d 377; People v. Cureton, supra; Correction Law § 168-n).

We further find that the defendant was given sufficient notice of the basis of the Board's recommendation, and the notice advised him of his right to pre-hearing discovery ( see Correction Law § 168-n; see also Doe v. Pataki, 3 F. Supp.2d 456, 472).

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.