Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 2013PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), dated April 7, 2011, which, after a hearing, designated him a level three sexually violent offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
*617Contrary to the defendant’s contention, it was within the County Court’s discretion to consider, as reliable hearsay evidence, documents that did not strictly comply with CPLR 4540 (see People v Wheeler, 46 AD3d 1082 [2007]; see also People v Mingo, 12 NY3d 563 [2009]).
The County Court’s designation…
2Cases cited6 opinions
- People v. MingoNew York Court of Appeals · 2009
- People v. PettigrewNew York Court of Appeals · 2010
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2007
- People v. RubenAppellate Division of the Supreme Court of the State of New York · 2009
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. WoodsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 2022