| People v Sanney |
| 2008 NY Slip Op 08902 [56 AD3d 1220] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Harry L.Sanney, Jr., Appellant. |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from an order of the Livingston County Court (Robert B. Wiggins, J.), enteredAugust 28, 2007. The order determined that defendant is a level two risk pursuant to the SexOffender Registration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant tothe Sex Offender Registration Act (Correction Law § 168 et seq.), defendantcontends, inter alia, that the case summary is unreliable hearsay and that County Court'sdetermination of his risk level therefore is not supported by the requisite clear and convincingevidence (see § 168-n [3]). We reject that contention. The case summaryconstitutes reliable hearsay, which is properly considered by the court in determining adefendant's risk level (see People vWragg, 41 AD3d 1273 [2007], lv denied 9 NY3d 809 [2007]; People v Vaughn, 26 AD3d 776,777 [2006]). Defendant's remaining contentions are raised for the first time on appeal and thusare not preserved for our review (seePeople v Smith, 17 AD3d 1045 [2005], lv denied 5 NY3d 705 [2005]).Present—Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.