Opinion
2013-11-8
The PEOPLE of the State of New York, Respondent, v. Eugene RIVERA, Defendant–Appellant.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered February 21, 2012. The order determined that defendant is a level three *813risk pursuant to the Sex Offender Registration Act. Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered February 21, 2012. The order determined that defendant is a level three *813risk pursuant to the Sex Offender Registration Act.
Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
MEMORANDUM:
On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court's determination of his risk level is not supported by the requisite clear and convincing evidence ( see § 168–n [3] ). We reject that contention. “ ‘The statements in the case summary and presentence report with respect to [the number of victims and the age of the victims] constitute reliable hearsay supporting the court's assessment of points' ” under those risk factors ( People v. St. Jean, 101 A.D.3d 1684, 1684, 956 N.Y.S.2d 763;see People v. Adams, 101 A.D.3d 1792, 1792–1793, 959 N.Y.S.2d 304,lv. denied 20 N.Y.3d 860, 2013 WL 599549;People v. Vaughn, 26 A.D.3d 776, 776–777, 809 N.Y.S.2d 718). Defendant admitted that he had sexual contact with the victims in question, and there was reliable hearsay to establish that at least one of the victims was 10 years of age or younger at the time of the incident.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.