Opinion
No. 2005-07817.
April 17, 2007.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated May 27, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Crick of counsel; Rian Silverman on the brief), for respondent.
Before: Spolzino, J.P., Goldstein, Fisher and McCarthy, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court's determination to designate him a level three sex offender is supported by clear and convincing evidence, including, inter alia, the complainant's grand jury testimony and other "reliable hearsay evidence" (Correction Law § 168-n; see People v Davis, 26 AD3d 364; People v Await, 17 AD3d 336; People v Thomas, 300 AD2d 379 [2002]). In determining the defendant's total risk factor score, the Supreme Court was not limited to the single charge of sexual abuse in the first degree to which the defendant pleaded guilty ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 5 [1997 ed]), but could also consider other relevant facts supported by clear and convincing evidence ( see People v Saleemi, 186 Misc 2d 177, 180 [2000]).