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PEOPLE v. MINGO

12 N.Y.3d 563 (2009)

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

Court of Appeals of New York.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Susan Epstein and Steven Banks of counsel), for appellant.

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

James Ching, of the California bar, admitted pro hac vice, pro se, amicus curiae in the first above-entitled action.

Legal Aid Society, Criminal Appeals Bureau, New York City (Amy Donner and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Dana Poole and Patrick J. Hynes of counsel), for respondent.

Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In these appeals, we address what constitutes "reliable hearsay" that is admissible for purposes of determining the appropriate risk level of a sex offender under the Sex Offender Registration Act (SORA). In People v Mingo, we conclude that, with the proper foundation, internal documents generated by the District Attorney's office may support a risk level adjudication...

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