People v. Tigre

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 27, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. Ordered that the order is affirmed, without costs or disbursements. In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act, the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought (see Correction Law § 168-n [3]; People v Wyatt, 89 AD3d 112, 117-118 [2011]). “In assessing points, evidence may be derived from the defendant’s admissions, the victim’s statements, evaluative reports completed by the supervising probation officer, parole officer, or corrections *688 counselor, case summaries prepared by the Board of Examiners of Sex Offenders . . . , or any other reliable source, including reliable hearsay” (People v Crandall, 90 AD3d 628, 629 [2011]; see People v Mingo, 12 NY3d 563, 573 [2009]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006]; People v Arocho, 130 AD3d 996, 997 [2015]; People v Lucius, 122 AD3d 819 [2014]; People v Finizio, 100 AD3d 977, 978 [2012]). Here, contrary to the defendant’s contention, the County Court properly assessed 25 points under risk factor 2 and 20 points under risk factor 4. The assessment of these points was supported by clear and convincing evidence in the record, which included the victim’s sworn statements (see People v Mingo, 12 NY3d at 573, 576). Accordingly, based on the points assessed, the defendant was properly designated a level two sex offender. Rivera, J.P., Leventhal, Miller and Duffy, JJ., concur.