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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 595 (N.Y. App. Div. 2004)

Opinion

2003-05504.

Decided May 10, 2004.

Appeal by the defendant from an order of the Supreme Court, Kings County (Hall, J.), dated May 22, 2003, which, after a hearing, pursuant to Correction Law article 6-C, designated him a level two sex offender.

Laura R. Johnson, New York, N.Y. (Paul Wiener of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the hearing court properly relied on his testimony and his admissions to the prison drug treatment providers in classifying him as a level two sex offender. Correction Law § 168-n(3) specifically authorizes a hearing court to utilize reliable hearsay evidence in reaching its determination ( see People v. Myers, 306 A.D.2d 334). The Supreme Court's determination was supported by clear and convincing evidence, and therefore will not be disturbed on appeal.

FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 595 (N.Y. App. Div. 2004)
Case details for

People v. Brown

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, respondent, v. DESHAWN BROWN, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 2004

Citations

7 A.D.3d 595 (N.Y. App. Div. 2004)
775 N.Y.S.2d 885

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