| People v Alvarado |
| 2010 NY Slip Op 09702 [79 AD3d 1719] |
| December 30, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v EnricoAlvarado, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from an amended order of the Supreme Court, Monroe County (Frank P. Geraci, Jr.,A.J.), entered March 11, 2009. The amended order determined that defendant is a level three riskpursuant to the Sex Offender Registration Act.
It is hereby ordered that the amended order so appealed from is unanimously modified on thelaw by replacing the phrase "sexual predator" at page four of the order with the phrase "predicatesex offender" and as modified the amended order is affirmed without costs.
Memorandum: Defendant appeals from an amended order determining that he is a level threerisk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.).Contrary to defendant's contention, Supreme Court properly considered the case summary andthe presentence report, which constitute reliable hearsay, in determining that defendant had aprior out-of-state conviction (see Peoplev Mingo, 12 NY3d 563, 573 [2009]; People v Lewis, 45 AD3d 1381 [2007], lv denied 10 NY3d703 [2008]). Thus, the court properly assessed 30 points for a prior out-of-state felony convictionfor a sex offense (see People vJohnson, 46 AD3d 1032 [2007]), and defendant's classification as a level three risk issupported by the requisite clear and convincing evidence (see Correction Law §168-n [3]). As the People correctly concede, however, the court improperly classified defendantas a sexual predator in its amended order rather than as a predicate sex offender, and we thereforemodify the amended order accordingly. Present—Scudder, P.J., Carni, Lindley, Pine andGorski, JJ.