People v. Harris

74 A.D.3d 767, 901 N.Y.S.2d 534

Opinion

Appeal by the defendant from an order of the County Court, Suffolk County (Gazzillo, J.), dated June 11, 2008, 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.

The County Court’s designation of the defendant as a level three sex offender under the Sex Offender Registration Act (hereinafter SORA) was supported by clear and convincing evidence (see Correction Law art 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402 [2004]). Contrary to the defendant’s contention, the County Court properly assessed 15 points, under risk factor 11, for a history of drug abuse (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 15 [2006]; People v Guitard, 57 AD3d 751, 752 [2008]). The presentence reports offered by the People at the SORA hearing constituted “reliable hearsay” (Correction Law § 168-n [3]; see People v Mingo, 12 NY3d 563, 573 [2009]), and provided a sufficient basis for the assessment of those 15 points. Rivera, J.E, Florio, Miller and Austin, JJ., concur.