People v. Cassarly

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 17, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.

At a proceeding to determine the defendant’s risk level under the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the County Court properly assessed the defendant 75 points, which resulted in a presumptive designation…