People v. Juarbe

Jan 9, 2007
Versions:36 A.D.3d 602
825 N.Y.S.2d 918

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

The Supreme Court‘s determination to designate the defendant a level three sex offender based upon the existence of a “presumptive override” factor, namely, that the defendant had “a prior felony conviction for a sex crime” is supported by clear and convincing evidence and thus, should not be disturbed (see People v Page, 32 AD3d 1352 [2006]; People v Clinkscales, 18 AD3d 726 [2005]; People v Boan, 11 AD3d 956 [2004]).

The defendant‘s remaining contentions are unpreserved for appellate review. Miller, J.P., Rivera, Krausman and Goldstein, JJ., concur.