Evidence · MBE-tested
The People of the State of New York, Respondent, v. Shamont Harris, Appellant
143 A.D.3d 51838 N.Y.S.3d 798·New York Supreme Court, Appellate Division·2016·NY
Concur — Friedman, J.P., Richter, Feinman, Kapnick and Kahn, JJ.
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Opinion
The People of the State of New York, Respondent, v Shamont Harris, Appellant.
[38 NYS3d 798]
[MAJORITY]
Order, Supreme Court, New York County (Analisa Torres, J.), entered on or about May 11, 2012, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Defendant’s argument that the court’s assessment of points under the risk factor for a prior violent felony was not supported by sufficient documentation is unpreserved and we decline to consider it in the interest of justice. In any event, we find that the case summary was reliable hearsay that constituted clear and convincing evidence to support this point assessment (see People v Mingo, 12 NY3d 563, 572-573 [2009]).
Concur — Friedman, J.P., Richter, Feinman, Kapnick and Kahn, JJ.