People v Gallard
2007 NY Slip Op 00287 [36 AD3d 680]
January 16, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 14, 2007


The People of the State of New York, Respondent,
v
Alfredo Gallard, Appellant.

—[*1] Steven Banks, New York, N.Y. (Ellen Dille of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Maria Park of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrero, J.), dated April 12, 2005, which, after a hearing to redetermine the defendant's sex offender risk level, conducted pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), determined that he was a level two sex offender.

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

The adjudication of the defendant as a level two sex offender was supported by "reliable hearsay evidence" (Correction Law § 168-n [3]; see People v Vaughn, 26 AD3d 776, 777 [2006]; People v Brown, 25 AD3d 924 [2006]; People v Hines, 24 AD3d 524 [2005]). Miller, J.P., Rivera, Krausman and Goldstein, JJ., concur.