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PEOPLE v. HARRIS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 1, 2010
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Ordered that the order is affirmed, without costs or disbursements.

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 art 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402). Contrary to the defendant's contention, the County Court properly assessed 15 points, under risk factor 11, for a history of drug abuse ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 15 [2006]; People v Guitard, 57 AD3d 751, 752). The presentence reports offered by the People at the SORA hearing constituted "reliable hearsay" (Correction Law ยง 168-n; see People v Mingo, 12 NY3d 563, 573), and provided a sufficient basis for the assessment of those 15 points.