| People v Williams |
| 2012 NY Slip Op 03821 [95 AD3d 1093] |
| May 15, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edward Williams, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.),dated April 14, 2009, which, after a hearing, inter alia, designated him a level three sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
In establishing a defendant's appropriate risk level under the Sex Offender Registration Act(see Correction Law art 6-C), the People bear the burden of proving the facts supportingthe determination by clear and convincing evidence (see Correction Law § 168-n[3]; People v Williams, 90 AD3d880, 881 [2011]; People vCrandall, 90 AD3d 628, 629 [2011]). Here, the People satisfied their burden of adducingfacts in support of the assessment of 20 points under risk factor 3 (number of victims) by clearand convincing evidence. The presentence report and the case summary prepared by the Board ofExaminers of Sex Offenders constituted "reliable hearsay" (Correction Law § 168-n [3]),and provided a sufficient basis for the assessment of those points (see People v Mingo, 12 NY3d563, 573 [2009]; People v Williams, 90 AD3d at 881).
The defendant's remaining contentions are without merit.
Accordingly, the County Court correctly designated the defendant a level three sex offender.Rivera, J.P., Chambers, Roman and Miller, JJ., concur.