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STATE v. RAMOS

Appellate Division of the Supreme Court of New York, Third Department.
Apr 12, 2007
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Lahtinen, J.

Defendant pleaded guilty to sexual abuse in the first degree and was sentenced to a five-year prison term. In anticipation of his release from prison, Supreme Court designated him as a risk level II sex offender in accordance with the Sex Offender Registration Act ( see Correction Law art 6-C). Defendant now appeals and we affirm.

We are unpersuaded by defendant's argument that his risk level classification was unsupported by the requisite clear and convincing evidence ( see Correction Law § 168-n). Contrary to defendant's assertion, Supreme Court's assessment of 20 points for a continuing course of sexual misconduct was supported by reliable hearsay in the form of the victim's statement and defendant's admission contained in the presentence investigation report ( see Correction Law § 168-n; People v Dickison, 24 AD3d 980, 981, lv denied 6 NY3d 709; People v Dort, 18 AD3d 23, 25, lv denied 4 NY3d 885). As for defendant's claim that he was entitled to a downward departure to risk level I status, we have reviewed his alleged mitigating factors and find that they do not warrant such a modification ( see People v Zehner, 24 AD3d 826, 827).

Defendant's remaining contentions, to the extent not specifically addressed herein, have been examined and are without merit.

Ordered that the order is affirmed, without costs.