Opinion
2018–01431
03-11-2020
PEOPLE of State of New York, Respondent, v. Glen BEAZER, Appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, without costs or disbursements.
In establishing a defendant's risk level pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168–n[3] ; People v. Mitchell, 142 A.D.3d 542, 543, 36 N.Y.S.3d 490 ; People v. Wyatt, 89 A.D.3d 112, 117–118, 931 N.Y.S.2d 85 ). "In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, evaluative reports completed by the supervising probation officer, parole officer, or corrections counselor, case summaries prepared by the Board of Examiners of Sex Offenders ..., or any other reliable source, including reliable hearsay" ( People v. Crandall, 90 A.D.3d 628, 629, 934 N.Y.S.2d 446 ; see People v. Mingo, 12 N.Y.3d 563, 573, 883 N.Y.S.2d 154, 910 N.E.2d 983 ).
We agree with the County Court's determination to assess the defendant 25 points under risk factor 2 based on the defendant's own admission, which established that the defendant engaged in anal sexual conduct with the complainant (see Penal Law § 130.00[2][b] ). We also agree with the court's determination to assess the defendant 10 points under risk factor 13 for unsatisfactory conduct while confined based upon a recent tier III disciplinary violation (see People v. Lima–Sanchez, 162 A.D.3d 698, 79 N.Y.S.3d 52 ; People v. Anderson, 137 A.D.3d 988, 27 N.Y.S.3d 616 ; People v. Williams, 102 A.D.3d 665, 956 N.Y.S.2d 912 ).
Accordingly, we agree with the County Court's determination to designate the defendant a level two sex offender.
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.