People v. Dym

Appeal by the defendant from an order of the Supreme Court, Rockland County (Kelly, J), dated April 3, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

In determining a defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the People have the burden of establishing the facts supporting the determination sought by clear and convincing evidence (see Cor rection Law § 168-n [3]; People v Mingo, 12 NY3d 563, 571 [2009]; People…