People of State of New York, respondent, v. William Johnson, Jr., appellant. (2010)

Submitted-October 4, 2010

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated October 21, 2009, 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.

Contrary to the defendant's contention, 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 § 168-n[3] ).   The County Court properly assessed 25 points under risk factor two and 20 points under risk factor four (see Sex Offender Registration Act:  Risk Assessment Guidelines and Commentary at 9-10 [2006 ed] ).   The victim's sworn statements, offered by the People at the SORA hearing, constituted “reliable hearsay” (Correction Law § 168-n[3];  People v. Mingo, 12 NY3d 563, 573), and provided a sufficient basis for the assessment of those points.

Moreover, the defendant did not demonstrate that special circumstances existed which would warrant a departure from the risk level three designation (see People v. Maiello, 32 AD3d 463;  People v. Guaman, 8 AD3d 545).

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court