People v Mendez

People v Mendez 2007 NY Slip Op 09092 [45 AD3d 429] November 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Jose Mendez, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Robert Budner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Tracy L. Conn of counsel), for respondent.

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about August 5, 2005, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, the three risk factors that defendant challenges on appeal. The court based its findings concerning the underlying facts of defendant's conviction on "reliable hearsay evidence" (Correction Law § 168-n [3]; see also People v Dort, 18 AD3d 23, 25 [2005], lv denied 4 NY3d 885 [2005]). We have considered and rejected defendant's remaining claims. Concur—Tom, J.P., Mazzarelli, Saxe, Nardelli and Kavanagh, JJ.