| People v Harris |
| 2010 NY Slip Op 04756 [74 AD3d 767] |
| June 1, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Harris, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Gazzillo, J.),dated June 11, 2008, which, after a hearing, designated him a level three sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The County Court's designation of the defendant as a level three sex offender under the SexOffender Registration Act (hereinafter SORA) was supported by clear and convincing evidence(see Correction Law art 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402 [2004]). Contrary tothe defendant's contention, the County Court properly assessed 15 points, under risk factor 11,for a history of drug abuse (see Sex Offender Registration Act: Risk AssessmentGuidelines and Commentary, at 15 [2006]; People v Guitard, 57 AD3d 751, 752 [2008]). The presentencereports offered by the People at the SORA hearing constituted "reliable hearsay" (CorrectionLaw § 168-n [3]; see People vMingo, 12 NY3d 563, 573 [2009]), and provided a sufficient basis for the assessment ofthose 15 points. Rivera, J.P., Florio, Miller and Austin, JJ., concur.