Summary
This appellate decision from the New York Supreme Court, Appellate Division, Second Department, affirms a County Court order designating the appellant as a level three sex offender under the Sex Offender Registration Act. The court evaluated the risk assessment points assigned for factors such as victim age, prior convictions, and refusal of treatment, concluding that the prosecution satisfied its burden of proof by clear and convincing evidence through reliable hearsay sources. Accordingly, the lower court's order was affirmed without costs or disbursements.
Topics
Practice areas
Questions Presented
- Whether the County Court properly designated the defendant a level three sex offender under SORA, given the People’s burden of clear and convincing evidence and the admissibility of reliable hearsay evidence.
Holdings
- The County Court’s designation of the defendant as a level three sex offender is affirmed.
Key quotations
“In establishing a defendant's risk level pursuant to SORA, the People bear the burden of establishing the facts supporting the determinations by clear and convincing evidence.” (at 1)
“In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, evaluative reports completed by the supervising probation officer, parole officer, or corrections counselor, case summaries prepared by the Board of Examiners of Sex Offenders, or any other reliable source, including reliable hearsay.” (at 1)
Factual background
Lipa Mizrahi was convicted of criminal sexual act in the first degree. At a SORA hearing the County Court assessed 120 points on a risk‑assessment instrument, designating her a level three sex offender. The assessment relied on hearsay evidence such as case summaries and presentence investigation reports.
Procedural history
The County Court, Rockland County, designated the defendant a level three sex offender after a SORA hearing where the People presented risk‑assessment evidence. The defendant appealed the designation.