Opinion
2015-08-12
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.
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.
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 N.Y.3d 563, 573, 883 N.Y.S.2d 154, 910 N.E.2d 983; People v. Williams, 95 A.D.3d 1093, 1094, 943 N.Y.S.2d 783). RIVERA, J.P., LEVENTHAL, ROMAN and HINDS–RADIX, JJ., concur.