Defendant pleaded guilty to one count of sexual abuse in the first degree in full satisfaction of an indictment that also charged him with sexual abuse in the third degree and endangering the welfare of a child. Defendant was sentenced to three years in prison followed by five years of postrelease supervision. Prior to his release from prison, the Board of Examiners of Sex Offenders completed a risk assessment instrument, calculating a score of 80 points and presumptively classifying defendant as a risk level two sex offender (see Correction Law art 6-C). Following a hearing, County Court also calculated defendant’s risk assessment score at 80 points, determined that there was no basis for departure and classified defendant a risk level two sex offender. Defendant appeals.
The People must establish the proper risk level classification by clear and convincing evidence, which may include reliable hearsay such as the risk assessment instrument, case summary, presentence investigation report and statements provided by the victim to police (see People v Stewart, 77 AD3d 1029, 1030 [2010] ; People v Arroyo, 54 AD3d 1141, 1141 [2008], lv denied 11 NY3d 711 [2008]). In this case, defendant’s classification as a
Peters, J.P., Rose, Lahtinen and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.