Opinion
No. KA 05-00750.
November 17, 2006.
Appeal from an order of the Supreme Court, Monroe County (John J. Brunetti, A.J.), entered February 7, 2005. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
Before: Present — Gorski, J.P., Smith, Centra and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of defendant that Supreme Court erred in determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). The sworn statement upon which the court based its determination was reliable hearsay ( see People v Wroten, 286 AD2d 189, 199, lv denied 97 NY2d 610), and the court's determination of defendant's risk level is supported by the requisite clear and convincing evidence ( see Correction Law § 168-n; People v Warwick, 5 AD3d 1050, lv denied 3 NY3d 605).