People v. Tucker
Opinion of the Court
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). County Court properly adopted the recommendation of the Board of Examiners of Sex Offenders in determining defendant’s risk level (see People v Billingsley, 6 AD3d 1170 [2004], lv denied 3 NY3d 605 [2004]). “The case summary, together with the presentence investigation report and information presented at the hearing, provided clear and convincing proof supporting defendant’s presumptive classification as a [level three] risk . . . sex offender” (People v Ahlers, 10 AD3d 770, 771 [2004], lv denied 4 NY3d 704 [2005]; see People v Mitchell, 300 AD2d 377, 377-378 [2002], lv denied 99 NY2d 510 [2003]). Present—Green, J.P., Martoche, Pine, Lawton and Hayes, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.