Majority
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 27, 2015, 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 establishing a defendant’s risk level pursuant to the Sex Offender Registration Act, the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]; People v Wyatt, 89 AD3d 112 , 117-118 [2011]). “In assessing points, evidence may be derived from the defendant’s admissions, the victim’s statements, evaluative reports completed by the supervising probation officer, parole officer, or corrections
Here, contrary to the defendant’s contention, the County Court properly assessed 25 points under risk factor 2 and 20 points under risk factor 4. The assessment of these points was supported by clear and convincing evidence in the record, which included the victim’s sworn statements (see People v Mingo, 12 NY3d at 573, 576 ). Accordingly, based on the points assessed, the defendant was properly designated a level two sex offender. Rivera, J.P., Leventhal, Miller and Duffy, JJ., concur.
Cases cited
- People v. Wyatt 89 AD3d 112 at 117-118 p. 687
- People v. Crandall 90 AD3d 628 at 629 p. 688
- People v. Mingo 12 NY3d 563 at 573 p. 688
- People v. Arocho 130 AD3d 996 at 997 p. 688
- People v. Lucius 122 AD3d 819 p. 688
- People v. Finizio 100 AD3d 977 at 978 p. 688