People v Brooks
2009 NY Slip Op 03386 [61 AD3d 585]
April 28, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent,
v
Julian Brooks, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about January 29, 2007, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. The grand jury minutes and other reliable documents established the basis for each of the factors at issue (see e.g. People v Bailey, 52 AD3d 336 [2008], lv denied 11 NY3d 707 [2008]). We have considered and rejected defendant's remaining claims. Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and Richter, JJ.