People v. Sacco

Appeal from an order of the County Court of Columbia County (Nichols, J.), entered January 20, 2004, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

*712We reject defendant’s contention that he was improperly classified as a risk level III sex offender prior to his release from prison on convictions of rape in the third degree and endangering the welfare of a child. Defendant’s prior felony conviction of attempted sexual abuse in the first degree presumptively placed him in the risk level III category (see e.g People v Boan, 11 AD3d 956…