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PEOPLE v. MINGO

49 A.D.3d 148 (2008)

850 N.Y.S.2d 151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE MINGO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 8, 2008.

Attorney(s) appearing for the Case

Steven Banks, New York City (Susan Epstein of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

LIFSON and ANGIOLILLO, JJ., concur with RITTER, J.; SPOLZINO, J.P., dissents and votes to reverse the order and remit the matter for a new hearing to redetermine the defendant's sex offender risk level in a separate opinion.

OPINION OF THE COURT

RITTER, J.

The issue to be decided on this appeal is whether documents generated by the District Attorney's office in prosecuting the defendant on the underlying indictment constituted "reliable hearsay" within the meaning of the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]) and provided clear and convincing evidence that the defendant was armed with a dangerous instrument during the commission of his sex...

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