People v. Ramos

2017 NY Slip Op 1393, 147 A.D.3d 1090, 46 N.Y.S.3d 906

Opinion

Appeal by the defendant from an order of the County Court, Rockland County (Nelson, J.), dated July 3, 2012, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

In establishing a defendant’s risk level under the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]).

Contrary to the defendant’s contention, the County Court properly assessed 10 points under risk factor 12 (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 15-16 [2006]). The defendant’s post-plea statement to the Probation Department — which is contained in the pre-sentence investigation report and, therefore, constitutes admissible hearsay evidence for SORA purposes (see People v Picari ello, 145 AD3d 804 [2016]; People v Lucius, 122 AD3d 819 [2014]; People v Crandall, 90 AD3d 628, 629 [2011]) — provided clear and convincing evidence that the defendant had not genuinely accepted responsibility for his conduct (see People v Benitez, 140 AD3d 1140, 1140-1141 [2016]; People v Thompson, 95 AD3d 977, 978 [2012]; People v Murphy, 68 AD3d 832, 833 [2009]).

Mastro, J.P., Chambers, Maltese and Duffy, JJ., concur.