People v. Williams — 95 A.D.3d 1093

Majority

p. 1093

The People of the State of New York, Respondent, v Edward Williams, Appellant.

[943 NYS2d 783] —

Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.), dated April 14, 2009, which, after a hearing, inter alia, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

In establishing a defendant’s appropriate risk level under the Sex Offender Registration Act (see Correction Law art 6-C), the People bear the burden of proving the facts supporting the determination by clear and convincing evidence (see Correction Law § 168-n [3]; People v Williams, 90 AD3d 880 , 881 [2011]; People v Crandall, 90 AD3d 628 , 629 [2011]). Here, the People satisfied their burden of adducing facts in support of the assessment of 20 points under risk factor 3 (number of victims) by

p. 1094

clear and convincing evidence. The presentence report and the case summary prepared by the Board of Examiners of Sex Offenders constituted “reliable hearsay” (Correction Law § 168-n [3]), and provided a sufficient basis for the assessment of those points (see People v Mingo, 12 NY3d 563 , 573 [2009]; People v Williams, 90 AD3d at 881 ).

The defendant’s remaining contentions are without merit.

Accordingly, the County Court correctly designated the defendant a level three sex offender. Rivera, J.E, Chambers, Roman and Miller, JJ., concur.

Cases cited

People v. Williams 90 AD3d 880 N.Y. App. Div. 2011-12-20 at 881 p. 1093
People v. Crandall 90 AD3d 628 N.Y. App. Div. 2011-12-06 at 629 p. 1093
People v. Mingo 12 NY3d 563 N.Y. 2009-06-09 at 573 p. 1094

Statutes and regulations cited

Correction Law p. 1093, p. 1094