People v Bailey

2008 NY Slip Op 05383

Decided on June 12, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2008
Mazzarelli, J.P., Catterson, Moskowitz, Acosta, JJ.
3940 3941 8225/99






Steven Banks, The Legal Aid Society, New York (Desiree
Sheridan of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Eleanor J.
Ostrow of counsel), for respondent.

Order, Supreme Court, New York County (Ruth Pickholz, J.), entered on or about May 31, 2006, which adjudicated defendant a level three 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, risk factors bearing a sufficient total point score to support a level three adjudication. Reliable information including grand jury testimony, defendant's criminal history and admissions made by defendant, along with the reasonable inferences to be drawn therefrom, supported each of
the risk factors at issue (see Correction Law § 168-n [3]; People v Dort, 18 AD3d 23, 25 [2005], lv denied 4 NY3d 885 [2005]; People v Roland, 292 AD2d 271 [2002], lv denied 98 NY2d 614 [2002]), and we have considered and rejected defendant's arguments as to each factor. We also reject defendant's challenges to the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders (see People v Bligen, 33 AD3d 489 [2006]; People v Joe, 26 AD3d 300 [2006], lv denied 7 NY3d 703 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2008

CLERK