People v. Johnson

Appeal from an order of the County Court of Sullivan County (LaBuda, J.), entered March 27, 2006, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.

In 2002, defendant was sentenced to a prison term of five years and five years of postrelease supervision after pleading guilty to one count of rape in the first degree based upon having sexual intercourse with a 12-year-old girl. Frior to his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument which presumptively classified defendant as a risk…