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People v. Lovelace

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2007
39 A.D.3d 728 (N.Y. App. Div. 2007)

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]).


Summaries of

People v. Lovelace

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2007
39 A.D.3d 728 (N.Y. App. Div. 2007)
Case details for

People v. Lovelace

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS LOVELACE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 2007

Citations

39 A.D.3d 728 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3284
832 N.Y.S.2d 439

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