People v. Miller

Appeal from an order of the County Court of Schoharie County (Bartlett III, J.), entered August 10, 2007, which classified defendant a risk level three sex offender pursuant to the Sex Offender Registration Act.

Defendant pleaded guilty in 1997 to rape in the first degree in satisfaction of an indictment which also charged a second count of rape in the first degree and endangering the welfare of a child. He was sentenced to 5 to 10 years in prison. Prior to his scheduled release in August 2007, the Board of Examiners of Sex Offenders evaluated defendant and classified him a *1299presumptive risk…