Legal Opinion

People v. Molina

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2008Published

1Opinion of the Court

*960The defendant was properly adjudicated a level three sex offender, based, inter alia, on clear and convincing evidence of use of a dangerous instrument during the course of his sex offense (see People v Owusu, 93 NY2d 398, 400-404 [1999]; People v Carter, 53 NY2d 113, 117 [1981]; People v Williams, 40 AD3d 402 [2007]; People v Travis, 273 AD2d 544, 547 [2000]).

The defendant’s remaining contention is unpreserved for appellate review and, in any event, is without merit. Mastro, J.E, Miller, Garni and Chambers, JJ., concur.

2Cases cited4 opinions

  1. People v. CarterNew York Court of Appeals · 1981
  2. People v. OwusuNew York Court of Appeals · 1999
  3. People v. TravisAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2007