People v. Burgess

Apr 26, 2004
Versions:6 A.D.3d 686
775 N.Y.S.2d 534
2004 N.Y. App. Div. LEXIS 5000

Appeal by the defendant from an order of the County Court, Nassau County (Carter, J.), dated October 25, 2000, which, pursuant to Correction Law article 6-C, designated him a level three sex offender.

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 AD2d 532 [2002]). 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, along with the defendant’s presentence report (see People v Moore, 1 AD3d 421 [2003]; People v Mitchell, 300 AD2d 377 [2002]; People v Cureton, supra; Correction Law § 168-n [3]).

We further find that the defendant was given sufficient notice *687of the basis of the Board’s recommendation, and the notice advised him of his right to pre-hearing discovery (see Correction Law § 168-n [3]; see also Doe v Pataki, 3 F Supp 2d 456, 472 [1998]). Santucci, J.P., Florio, Schmidt and Rivera, JJ., concur.