People v. Mollenkopf

Appeal from an order of the County Court of Madison County (DiStefano, J.), entered July 11, 2007, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.

In 2005, defendant pleaded guilty to attempted sodomy in the *1137second degree and was sentenced as a second felony offender to a prison term of 2 to 4 years. In anticipation of defendant’s release from custody, the Board of Examiners of Sex Offenders gave defendant a risk assessment score of 100, thereby presumptively classifying him as a risk level two sex offender, but recommended an upward…