People v. Kennedy

OPINION OF THE COURT

Pigott, Jr., P.J.

In this matter of apparent first impression in an appellate court in New York, we are called upon to determine whether a conviction by military court-martial can form the basis of a risk level classification as a sex offender. Defendant was convicted of indecent assault in violation of article 134 of the Uniform Code of Military Justice ([UCMJ] 10 USC § 934) and received a bad-conduct discharge from the United States Navy. He now appeals from an order determining that he is a level two risk as a result of that conviction pursuant to Correction Law § 168 et…