PEOPLE v. SWINTON (2007)

Order, Supreme Court, Bronx County (John S. Moore, J.), entered March 16, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art. 6-C), unanimously affirmed, without costs.

The court properly assessed 30 points for the number-of-victims factor, since the evidence established a total of five victims.   In making this finding, the court properly relied on grand jury minutes and other reliable evidence (see Correction Law § 168-n[3];  People v. Quintana, 29 A.D.3d 308, 813 N.Y.S.2d 299 [2006], lv. denied 7 N.Y.3d 709, 822 N.Y.S.2d 483, 855 N.E.2d 799 [2006] ).   These 30 points, when added to 90 points that are uncontested on appeal, produce a total of 120 points, which exceeds the 110-point threshold for a level three sex offender adjudication.   In any event, we have considered and rejected defendant's arguments concerning 20 additional points assessed by the court.