People v. Harris

2016 NY Slip Op 6743, 143 A.D.3d 518, 38 N.Y.S.3d 798

Opinion

Order, Supreme Court, New York County (Analisa Torres, J.), entered on or about May 11, 2012, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant’s argument that the court’s assessment of points under the risk factor for a prior violent felony was not supported by sufficient documentation is unpreserved and we decline to consider it in the interest of justice. In any event, we find that the case summary was reliable hearsay that constituted clear and convincing evidence to support this point assessment (see People v Mingo, 12 NY3d 563, 572-573 [2009]).

Concur — Friedman, J.P., Richter, Feinman, Kapnick and Kahn, JJ.