PEOPLE v. WILLIAM JOHNSON

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the County Court's designation of the defendant as a level three sex offender under the Sex Offender Registration Act (hereinafter SORA) was supported by clear and convincing evidence ( see Correction Law § 168-n). The County Court properly assessed 25 points under risk factor 2 and 20 points under risk factor 4 ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 9-10 [2006]). The victim's sworn statements, offered by the People at the SORA hearing, constituted "reliable hearsay" (Correction Law § 168-n; People v Mingo, 12 NY3d 563, 573), and provided a sufficient basis for the assessment of those points.

Moreover, the defendant did not demonstrate that special circumstances existed which would warrant a departure from the risk level three designation ( see People v Maiello, 32 AD3d 463; People v Guarnan, 8 AD3d 545).