People v. Frith

Full title: People of State of New York, respondent, v. Shawn Frith, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 12, 2015

2015 N.Y. Slip Op. 6500 (N.Y. App. Div. 2015)

Opinion

2011-03305

08-12-2015

People of State of New York, respondent, v. Shawn Frith, appellant.

Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Paige Mankin on the brief), for respondent.

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Paige Mankin on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 1, 2011, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant's contention, the Supreme Court properly designated him a level three sex offender pursuant to the Sex Offender Registration Act (hereinafter SORA) (see Correction Law art 6-C). The case summary prepared by the Board of Examiners, as well as the remaining documentation presented by the People at the SORA hearing, constituted "reliable hearsay," and provided a sufficient basis for the assessment of the points challenged by him on the instant appeal (Correction Law § 168-n[3]; see People v Mingo, 12 NY3d 563, 573; People v Williams, 95 AD3d 1093, 1094).

RIVERA, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court