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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG HARDY, Appellant.

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

Under risk factor 7 of the Sex Offender Registration Act Guidelines (hereinafter the SORA Guidelines), 20 points are assessed if the sex offender's crime, inter alia, was "directed at a stranger" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 12 [1997 ed]). The SORA Guidelines also provide that "the term `stranger' includes anyone who is not an actual acquaintance of the [offender]" ( id. at 13).

In establishing an offender's appropriate risk level assessment under SORA, the People have "the burden of proving the facts supporting the determinations sought by clear and convincing evidence" (Correction Law § 168-n; see People v Hegazy), 25 AD3d 675, 676; People v Dickison), 24 AD3d 980, 981; People v Arotin), 19 AD3d 845, 847).

Here, the proof presented by the People was sufficient to show, by clear and convincing evidence, that the victim was a "stranger" to the defendant within the meaning of the SORA Guidelines for risk factor 7.

Accordingly, the Supreme Court properly assessed 20 points under risk factor 7 for a total score of 125 points, placing the defendant's point range within that of a level three offender.

The defendant's remaining contentions are without merit.

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PEOPLE v. HARDY
(Jul 17, 2007)