People v Williams

People v Williams 2012 NY Slip Op 03821 Decided on May 15, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2009-04998

[*1]People of State of New York, respondent,

v

Edward Williams, appellant. Del Atwell, East Hampton, N.Y., for appellant.




William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten
A. Rappleyea of counsel), for respondent.


DECISION & ORDER

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; People v Crandall, 90 AD3d 628, 629). 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 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; 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.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court