PEOPLE v. ROMAN (2007)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Kevin ROMAN, Defendant-Appellant.

Decided: June 08, 2007

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.

Edward J. Nowak, Public Defender, Rochester (James Eckert of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Jessica Birkahn of Counsel), for Respondent.

We conclude that Supreme Court properly determined that defendant is a level two risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Contrary to the contention of defendant, the court properly relied on the case summary in determining his risk level. We have consistently held that case summaries constitute reliable hearsay (see e.g. People v. Vacanti, 26 A.D.3d 732, 807 N.Y.S.2d 894, lv. denied 6 N.Y.3d 714, 816 N.Y.S.2d 750, 849 N.E.2d 973; People v. Vaughn, 26 A.D.3d 776, 809 N.Y.S.2d 718), and we decline defendant's request that we revisit our prior decisions.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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