People v Christie |
2012 NY Slip Op 02735 [94 AD3d 1263] |
April 12, 2012 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Raymond Christie, Appellant. |
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Richard J. McNally Jr., District Attorney, Troy (Rita A. Romani of counsel), for respondent.
Stein, J. Appeal from an order of the County Court of Rensselaer County (Jacon, J.), entered March 24, 2011, which classified defendant as a risk level two sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act.
In October 1994, defendant was convicted of multiple crimes involving sexual contact with
an eight-year-old boy and was thereafter sentenced to a term of 8
We affirm. The burden rests with the People to produce clear and convincing evidence to establish the proper risk classification (see People v Kruger, 88 AD3d 1169, 1170 [2011], lv denied 18 NY3d 806 [2012]; People v Rhodehouse, 88 AD3d 1030, 1031 [2011]). The People did so here with the introduction of a statement by the victim that detailed that defendant had [*2]engaged in sexual contact with him on at least five different occasions while defendant was babysitting him. This account was corroborated by defendant's own voluntary statement to police, in which he recounted that the sexual contact had occurred twice at his house and at least twice at the victim's house. Inasmuch as County Court may consider reliable hearsay evidence, such as a victim's statement and admissions by the defendant, we find that its determination was supported by clear and convincing evidence (see People v Burch, 90 AD3d 1429, 1430-1431 [2011]; People v Good, 88 AD3d 1037, 1037 [2011], lv denied 18 NY3d 802 [2011]; People v Gleason, 85 AD3d 1508 [2011], lv denied 17 NY3d 711 [2011]; see generally Sex Offender Registration Act: Risk Assessment Guidelines and Commentary [2006]). Defendant's remaining contentions have been examined and found to be without merit.
Peters, P.J., Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.