Opinion
KA 04-00539.
June 9, 2006.
Appeal from an order of the Monroe County Court (Frank P. Geraci, Jr., J.), entered February 5, 2004. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Gorski, Martoche, Smith and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Although the People failed to present evidence on the issue of defendant's risk level, County Court confirmed that defendant had previously been assessed a level three risk when he was placed on probation for the offense at issue. Consequently, defendant may challenge that assessment only by way of a petition to modify the level of notification ( see § 168- o). The contention of defendant that the court erred in confirming that he had previously been assessed a level three risk by using the database on a Web site maintained by the Department of Correctional Services (DOCS) is without merit. DOCS is required to make such records "available at all times on the internet" (§ 168-q [1]), and the court is entitled to take judicial notice of facts appearing in such public records ( see generally People v. Sanchez, 98 NY2d 373, 401 n 13 [2002]; Affronti v. Crosson, 95 NY2d 713, 720, cert denied 534 US 826; Matter of Soronen v. Comptroller of State of N.Y., 248 AD2d 789, 791 n 1 [1998]).
We have considered defendant's remaining contentions and conclude that they are without merit.