People v. Reynolds

The defendant was convicted on July 26, 2004 of sexual abuse in the first degree, a class D violent felony sex crime under Penal Law § 130.65 (1). On November 24, 2008 a hearing was held to determine the defendant’s risk level pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]). The County Court designated the defendant a level three sex offender based on a presumptive override for a prior felony conviction of a sex crime.

The County Court concluded, incorrectly, that the application of a presumptive override, based upon the defendant’s prior felony…