Majority
Appeal by the defendant from an order of the County Court, Rockland County (Nelson, J.), dated July 3, 2012, 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 under the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]).
Contrary to the defendant’s contention, the County Court properly assessed 10 points under risk factor 12 (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15-16 [2006]). The defendant’s post-plea statement to the Probation Department — which is contained in the pre-sentence investigation report and, therefore, constitutes admissible hearsay evidence for SORA purposes (see People v Picari
Mastro, J.P., Chambers, Maltese and Duffy, JJ., concur.
Cases cited
- People v. Lucius 122 AD3d 819 p. 1091
- People v. Crandall 90 AD3d 628 at 629 p. 1091
- People v. Benitez 140 AD3d 1140 at 1140-1141 p. 1091
- People v. Thompson 95 AD3d 977 at 978 p. 1091
- People v. Murphy 68 AD3d 832 at 833 p. 1091