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PEOPLE v. EPSTEIN

6081, 30129/10.

89 A.D.3d 570 (2011)

933 N.Y.S.2d 239

2011 NY Slip Op 8293

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY E. EPSTEIN, Appellant.

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

Decided November 17, 2011.

Clear and convincing evidence, including reliable hearsay (see People v Mingo, 12 N.Y.3d 563, 571 [2009]) supported the assessment of points for risk factors sufficient for a level three sex offender adjudication (Correction Law § 168-n [3]). In the circumstances of this case, the court properly relied on highly reliable proof of criminal conduct for which defendant was neither indicted nor convicted.

The sex offender...

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