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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. EUGENE RIVERA, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that County Court's determination of his risk level is not supported by the requisite clear and convincing evidence (see § 168–n [3] ). We reject that contention. “ ‘The statements in the case summary and presentence report with respect to [the number of victims and the age of the victims] constitute reliable hearsay supporting the court's assessment of points' “ under those risk factors (People v. St. Jean, 101 AD3d 1684, 1684; see People v. Adams, 101 AD3d 1792, 1792–1793, lv denied 20 NY3d 860; People v. Vaughn, 26 AD3d 776, 776–777). Defendant admitted that he had sexual contact with the victims in question, and there was reliable hearsay to establish that at least one of the victims was 10 years of age or younger at the time of the incident.
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 12–00606
Decided: November 08, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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