PEOPLE v. HARDY (2007)

Appeal by the defendant from an order of the Supreme Court, Queens County (Cooperman, J.), dated July 25, 2005, which, after a hearing and upon the stipulation of settlement in Doe v. Pataki, 3 F.Supp.2d 456, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Under risk factor 7 of the Sex Offender Registration Act Guidelines (hereinafter the SORA Guidelines), 20 points are assessed if the sex offender's crime, inter alia, was “directed at a stranger” (Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 12 [1997 ed.] ).   The SORA Guidelines also provide that “the term ‘stranger’ includes anyone who is not an actual acquaintance of the [offender]” (id.).

In establishing an offender's appropriate risk level assessment under SORA, the People have “the burden of proving the facts supporting the determinations sought by clear and convincing evidence” (Correction Law § 168-n [3];  see People v. Hegazy, 25 A.D.3d 675, 676, 811 N.Y.S.2d 700;  People v. Dickison, 24 A.D.3d 980, 981, 805 N.Y.S.2d 198;  People v. Arotin, 19 A.D.3d 845, 847, 796 N.Y.S.2d 743).

Here, the proof presented by the People was sufficient to show, by clear and convincing evidence, that the victim was a “stranger” to the defendant within the meaning of the SORA Guidelines for risk factor 7.

Accordingly, the Supreme Court properly assessed 20 points under risk factor 7 for a total score of 125 points, placing the defendant's point range within that of a level three offender.

The defendant's remaining contentions are without merit.