People v. Flynn (Abdul)

Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), dated September 5, 2012, which, after a hearing, designated him a level three sex offender under the Sex Offender Registration Act (Correction Law Art. 6-C).

Per Curiam.

Order (Marc J. Whiten, J.), dated September 5, 2012, affirmed.

The record supports the level three sex offender adjudication. Defendant's challenge to the 30-point assessment based upon there being three victims is lacking in merit. Although defendant pleaded guilty to a single count of third-degree sexual abuse, the SORA court was not limited to the crime to which defendant pleaded guilty (see People v Colon, 139 AD3d 466 [2016], lv denied 28 NY3d 901 [2016]; People v Thomas, 59 AD3d 783, 784 [2009]), but could, instead, consider reliable hearsay evidence in the record, including the case summary, misdemeanor complaint and supporting deposition (see People v Mingo, 12 NY3d 563, 572—573 [2009]; People v Witherspoon, 140 AD3d 1674, 1675 [2016], lv denied 28 NY3d 905 [2016]), which plainly revealed that there were three victims.

The SORA Court also correctly assessed 20 points against defendant under risk factor 7 because he was a stranger to the victims. The allegations in the misdemeanor complaint and supporting deposition supported a reasonable inference that the victims and defendant did not know each other (see People v O'Neal, 35 AD3d 302 [2006], lv denied 8 NY3d 809 [2007]). The court also properly assessed 15 points for defendant's history of drug or alcohol abuse, based upon defendant's admission to prison officials in a reception interview in 2003 that he had abused alcohol and crack, and upon him scoring in the alcoholic range on a prison screening test that same year (see People v Zewge, 142 AD3d 880, 881 [2016]; People v Tejada, 51 AD3d 472 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.