People v. Clinkscales

May 23, 2005
Versions:18 A.D.3d 726
794 N.Y.S.2d 920
2005 N.Y. App. Div. LEXIS 5614

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Board of Examiners of Sex Offenders (hereinafter the Board) recommended, inter alia, that the defendant be adjudicated a level three sex offender under Sex Offender Registration Act (Correction Law § 168-l [6] [c]), based upon its determination regarding the applicability of a “presumptive override” factor, namely, that the defendant had “a prior felony conviction for a sex crime.” Contrary to the defendant‘s contention, the Supreme Court providently exercised its discretion in adopting that recommendation (see People v Boan, 11 AD3d 956 [2004], lv denied 4 NY3d 702 [2004]; People v Scott, 288 AD2d 763 [2001]).

The defendant‘s remaining contentions are either unpreserved for appellate review or without merit. Florio, J.P., S. Miller, Santucci and Spolzino, JJ., concur.