People v. Denny

Defendant pleaded guilty to attempted rape in the second degree in 2008 and was sentenced to a prison term of IV2 to 3 years. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument assessing points for, among other things, defendant’s prior conviction for attempted rape in the second degree. Although the points assessed classified defendant as a risk level two sex offender, the Board further noted that his prior conviction constituted an override factor presumptively subjecting him to a risk level three classification. County…