People of State of New York, respondent, v. Robert Harris, appellant. (2010)

Submitted-May 4, 2010

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Gazzillo, J.), dated June 11, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

The County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act (hereinafter SORA) was supported by clear and convincing evidence (see Correction Law art.   6-C;  People v. Dong V. Dao, 9 AD3d 401, 401-402).   Contrary to the defendant's contention, the County Court properly assessed 15 points, under risk factor 11, for a history of drug abuse (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary, at 15 [2006 ed.];  People v. Guitard, 57 AD3d 751, 752).   The presentence reports offered by the People at the SORA hearing constituted “reliable hearsay” (Correction Law § 168-n[3];  see People v. Mingo, 12 NY3d 563, 573), and provided a sufficient basis for the assessment of those 15 points.

RIVERA, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court