People v. Hardy, 2005-08364.
| Decision Date | 17 July 2007 |
| Docket Number | 2005-08364. |
| Citation | 2007 NY Slip Op 06101,42 A.D.3d 487,841 N.Y.S.2d 117 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG HARDY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
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 [3]; see People v Hegazy, 25 AD3d 675, 676 [2006]; People v Dickison, 24 AD3d 980, 981 [2005]; People v Arotin, 19 AD3d 845, 847 [2005]).
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.
To continue reading
Request your trial
-
People v. Lacewell
...438;People v. Chambers, 66 A.D.3d 748, 748, 887 N.Y.S.2d 220;People v. Bright, 63 A.D.3d 1133, 1134, 883 N.Y.S.2d 79;People v. Hardy, 42 A.D.3d 487, 841 N.Y.S.2d 117). “ ‘In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, evaluative report......
-
People v. Grubbs
...438;People v. Chambers, 66 A.D.3d 748, 748, 887 N.Y.S.2d 220;People v. Bright, 63 A.D.3d 1133, 1134, 883 N.Y.S.2d 79;People v. Hardy, 42 A.D.3d 487, 841 N.Y.S.2d 117). “In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, evaluative reports ......
-
People v. Harris
...438;People v. Chambers, 66 A.D.3d 748, 748, 887 N.Y.S.2d 220;People v. Bright, 63 A.D.3d 1133, 1134, 883 N.Y.S.2d 79;People v. Hardy, 42 A.D.3d 487, 487, 841 N.Y.S.2d 117). “ ‘In assessing points, evidence may be derived from the defendant's admissions, the victim's statements, evaluative r......
-
People v. Strong
...of the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006 [hereinafter Guidelines]) (see People v. Hardy, 42 A.D.3d 487, 841 N.Y.S.2d 117 ).The Guidelines contain four overrides that automatically result in a presumptive risk level three (see Guidelines at 3). "T......