Opinion
No. 415.
April 28, 2009.
Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about January 29, 2007, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Steven Banks, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.
Before: Saxe, J.P., Friedman, Moskowitz, Freedman and Richter, JJ.
The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. The grand jury minutes and other reliable documents established the basis for each of the factors at issue ( see e.g. People v Bailey, 52 AD3d 336, lv denied 11 NY3d 707). We have considered and rejected defendant's remaining claims.