People v. Johnson

Appeal from an order of the County Court of Broome County (Mathews, J.), rendered October 2, 2006, which classified defendant a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant pleaded guilty in 2004 to the crime of rape in the third degree arising from multiple sexual encounters with a 16-year-old girl. In anticipation of defendant’s release from prison, the Board of Examiners of Sex Offenders evaluated defendant and he was assigned 95 points on the risk assessment instrument, which would presumptively place him at a risk level II classification. However,…