§ 168-d. Duties of the court. 1. (a) Except as provided in paragraphs\n(b) and (c) of this subdivision, upon conviction of any of the offenses\nset forth in subdivision two or three of section one hundred\nsixty-eight-a of this article the court shall certify that the person is\na sex offender and shall include the certification in the order of\ncommitment, if any, and judgment of conviction, except as provided in\nparagraph (e) of subdivision two of section one hundred sixty-eight-a of\nthis article. The court shall also advise the sex offender of his or her\nduties under this article. Failure to include the certification in the\norder of commitment or the judgment of conviction shall not relieve a\nsex offender of the obligations imposed by this article.\n (b) Where a defendant stands convicted of an offense defined in\nparagraph (b) of subdivision two of section one hundred sixty-eight-a of\nthis article or where the defendant was convicted of patronizing a\nperson for prostitution in the third degree under section 230.04 of the\npenal law and the defendant controverts an allegation that the victim of\nsuch offense was less than eighteen years of age or, in the case of a\nconviction under section 230.04 of the penal law, less than seventeen\nyears of age, the court, without a jury, shall, prior to sentencing,\nconduct a hearing, and the people may prove by clear and convincing\nevidence that the victim was less than eighteen years old or less than\nseventeen years old, as applicable, by any evidence admissible under the\nrules applicable to a trial of the issue of guilt. The court in addition\nto such admissible evidence may also consider reliable hearsay evidence\nsubmitted by either party provided that it is relevant to the\ndetermination of the age of the victim. Facts concerning the age of the\nvictim proven at trial or ascertained at the time of entry of a plea of\nguilty shall be deemed established by clear and convincing evidence and\nshall not be relitigated. At the conclusion of the hearing, or if the\ndefendant does not controvert an allegation that the victim of the\noffense was less than eighteen years old or less than seventeen years\nold, as applicable, the court must make a finding and enter an order\nsetting forth the age of the victim. If the court finds that the victim\nof such offense was under eighteen years old or under seventeen years\nold, as applicable, the court shall certify the defendant as a sex\noffender, the provisions of paragraph (a) of this subdivision shall\napply and the defendant shall register with the division in accordance\nwith the provisions of this article.\n (c) Where a defendant stands convicted of an offense defined in\nparagraph (c) of subdivision two of section one hundred sixty-eight-a of\nthis article and the defendant controverts an allegation that the\ndefendant was previously convicted of a sex offense or a sexually\nviolent offense defined in this article or has previously been convicted\nof or convicted for an attempt to commit any of the provisions of\nsection 130.52 or 130.55 of the penal law, the court, without a jury,\nshall, prior to sentencing, conduct a hearing, and the people may prove\nby clear and convincing evidence that the defendant was previously\nconvicted of a sex offense or a sexually violent offense defined in this\narticle or has previously been convicted of or convicted for an attempt\nto commit any of the provisions of section 130.52 or 130.55 of the penal\nlaw, by any evidence admissible under the rules applicable to a trial of\nthe issue of guilt. The court in addition to such admissible evidence\nmay also consider reliable hearsay evidence submitted by either party\nprovided that it is relevant to the determination of whether the\ndefendant was previously convicted of a sex offense or a sexually\nviolent offense defined in this article or has previously been convicted\nof or convicted for an attempt to commit any of the provisions of\nsection 13
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