People v. Garrison

Appeal from an order of the County Court of Broome County (Smith, J.), entered September 28, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant pleaded guilty to attempted sodomy in the first degree and was thereafter sentenced to a prison term of four years. Prior to his release, the Board of Examiners of Sex Offenders evaluated and presumptively classified him as a risk level II sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), but recommended an upward departure to risk level III…