| People v Bolton |
| 2008 NY Slip Op 03614 [50 AD3d 990] |
| April 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Andrew Bolton, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Walsh, J.),dated June 15, 2006, which, after a hearing, adjudicated him a level two sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, reliable hearsay evidence is admissible to support asex offender adjudication (see Correction Law § 168-n [3]). This includesout-of-court statements by the victim (see People v Mingo, 49 AD3d 148 [2008]). The decision of theSupreme Court of the United States in Crawford v Washington (541 US 36 [2004]) doesnot apply in a civil matter such as this (see People v Jordan, 31 AD3d 1196 [2006]; People v Dort, 18 AD3d 23[2005]; see also People v Brooks, 308 AD2d 99 [2003]).
In any event, upon the defendant's plea of guilty to sexual abuse in the first degree andendangering the welfare of a child, the defendant admitted to criminal conduct against thecomplainant occurring in two different time periods. He did not dispute that the criminal conductagainst the complainant was sexual in nature. Thus, his own admissions established a continuingcourse of sexual misconduct against the victim.
Accordingly, the defendant was properly adjudicated a level two sex offender. Lifson, J.P.,Florio, Angiolillo and Chambers, JJ., concur.