People v. Andrews

— Appeal by the defendant from an order of the Supreme Court, Westchester County (Cacace, J.), dated February 3, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

Contrary to the defendant’s contention, the Supreme Court properly assessed 30 points under risk factor 5 based on the fact that the victim was 10 years of age or less. The defendant had pleaded guilty to rape in the first degree in violation of Penal Law § 130.35 (3), which provides that a person is guilty…