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PEOPLE v. BARROW

65 A.D.3d 942 (2009)

886 N.Y.S.2d 117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BARROW, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 24, 2009.

The People met their burden of establishing risk factors bearing a sufficient total point score to support a presumptive level two adjudication, from which the court made an upward departure. The case summary and victim's statement constituted "reliable hearsay" (Correction Law § 168-n [3]) that satisfied the People's burden (see People v Mingo, 12 N.Y.3d 563, 572-574, 576-577 [2009]; People v Hines,

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