
    The People of the State of New York, Respondent, v Samuel Tinnell, Appellant.
    [816 NYS2d 398]
   Appeal from an order of the Supreme Court, Erie County (Joseph S. Forma, J.), entered April 30, 2004. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, J.E, Gorski, Martoche, Green and Hayes, JJ.  