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discretion and constituted reversible legal error based, in part, on the following: (1) the Court 
improperly relied on untrustworthy double and triple hearsay contained in the recommendation 
of the Board of Examiners of Sex Offenders, even though the District Attorney, as the party 
appearing on behalf of the State, rejected much of the Board's recommendation as not 
constituting clear and convincing evidence to support a Level 3 designation where such hearsay 
allegations were rejected as a basis for state prosecution; (2) the Court failed to provide the 
parties with an opportunity to present evidence on contested issues, as required by statute, and 
instead relied wholesale upon the recommendation of the Board, over the objection of the 
District Attorney, without any inquiry; (3) the Court did not apply the guidelines established by 
the Board, as required by statute; and (4) the Court failed to set forth the findings of fact and 
conclusions of law on which its determinations in support of a Level 3 designation were based, 
as required by statute. 
9. THERE IS NO RELATED ACTION OR PROCEEDING NOW PENDING IN ANY 
COURT OF THIS OR ANY OTHER JURISDICTION. 
10. THERE IS NO ADDITIONAL APPEAL PENDING IN THIS ACTION. 
Dated: February 9, 2011 
Ja 
. Lefkowitz, P.C. 
S dra Lynn Musumeci 
KIRKLAND & ELLIS LLP 
601 Lexington Avenue 
New York, New York 10022-4611 
Telephone: 
Facsimile: 
Attorneys for Defendant-Appellant Jeffrey E. 
Esptein. 
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