People v. Cephus

Appeal by the defendant from an order of the Supreme Court, Queens County (Módica, J.), dated July 30, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

The defendant correctly contends that, in determining his risk level under the Sex Offender Registration Act (Correction Law art 6-C), the Supreme Court improperly assessed him 30 points under risk factor 5, based upon the complainant being 10 years old or less at the time of the offense, rather than 20 points under…