People v. Malerba

— Appeal by the de fendant from an order of the Supreme Court, Kings County (Harrington, J.), dated April 29, 2014, 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 defendant was presumptively a level three sex offender pursuant to an automatic override based upon the fact that he murdered the victim during the course of his sexual assault (see People v Malerba, 108 AD2d 759 [1985]; People v Abreu, 89 AD3d 711 [2011]). The Supreme Court properly determined that the…