People v. Austin

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated December 6, 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 Supreme Court’s determination to designate the defendant a level three sex offender based upon a “presumptive override” factor, namely, that the defendant had “a prior felony conviction for a sex crime,” is supported by clear and convincing evidence and, thus, should not be disturbed (see People v *917Juarbe, 36…