People v. Gerald

OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, reversed without costs and defendant is reclassified as a level one sex offender.

Following his plea of guilty to the crime of sexual misconduct, defendant was deemed a sex offender pursuant to section 168-a of the Correction Law. Thus, in accordance with the Sex Offender Registration Act (Correction Law art 6-C), a hearing was held to determine defendant’s appropriate risk level. At the hearing, defendant disagreed with the People’s recommendation that, pursuant to the risk assessment instrument prepared by the Board of Examiners…