| People v Johnson |
| 2010 NY Slip Op 07728 [77 AD3d 897] |
| October 26, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Johnson, Jr., Appellant. |
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Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), datedOctober 21, 2009, 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.
Contrary to the defendant's contention, the County Court's designation of the defendant as alevel three sex offender under the Sex Offender Registration Act (hereinafter SORA) wassupported by clear and convincing evidence (see Correction Law § 168-n [3]). TheCounty Court properly assessed 25 points under risk factor 2 and 20 points under risk factor 4(see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at9-10 [2006]). The victim's sworn statements, offered by the People at the SORA hearing,constituted "reliable hearsay" (Correction Law § 168-n [3]; People v Mingo, 12 NY3d 563,573 [2009]), and provided a sufficient basis for the assessment of those points.
Moreover, the defendant did not demonstrate that special circumstances existed which wouldwarrant a departure from the risk level three designation (see People v Maiello, 32 AD3d 463 [2006]; People v Guaman, 8 AD3d 545[2004]). Rivera, J.P., Angiolillo, Chambers and Austin, JJ., concur.