The following excerpt is from People v. Sincerbeaux, 2016 N.Y. Slip Op. 05062, 27 N.Y.3d 683, 37 N.Y.S.3d 39, 57 N.E.3d 1076 (N.Y. 2016):
limited to considering defendant's current convictionhere, incest in the third degree. The court may also assess points for clear and convincing evidence of other criminal acts presented in admissions from the offender, statements from victims, and reports from probation officers, parole officers, corrections counselors, or other reliable sources (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 5 [2006] [hereinafter Guidelines] ). Moreover, we have held that sworn statements constitute reliable hearsay evidence admissible in SORA proceedings to determine the defendant's risk level, and that even unsworn statements of the victim are admissible if there is a requisite indicia of reliability (see People v. Mingo, 12 N.Y.3d 563, 567, 573, 576577, 883 N.Y.S.2d 154, 910 N.E.2d 983 [2009] ).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.