Evidence · MBE-tested

The People of the State of New York, Respondent, v. Shawn Frith, Appellant

131 A.D.3d 52114 N.Y.S.3d 710·New York Supreme Court, Appellate Division·2015·NY

Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v Shawn Frith, Appellant. [14 NYS3d 710] [MAJORITY] Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 1, 2011, 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 Supreme Court properly designated him a level three sex offender pursuant to the Sex Offender Registration Act (hereinafter SORA) (see Correction Law art 6-C). The case summary prepared by the Board of Examiners, as well as the remaining documentation presented by the People at the SORA hearing, constituted “reliable hearsay,” and provided a sufficient basis for the assessment of the points challenged by him on the instant appeal (Correction Law § 168-n [3]; see People v Mingo, 12 NY3d 563, 573 [2009]; People v Williams, 95 AD3d 1093, 1094 [2012]). Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.