People v. Nichols

Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated August 28, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The County Court’s determination to designate the defendant a level three sex offender is supported by clear and convincing evidence. On appeal, the defendant challenges only 40 of the 140 points assessed against him. Contrary to the defendant’s contention, the court properly assessed him 20 points under risk…