People v. Smith

Appeal by the People from an order of the Supreme Court, Queens County (Latella, J.), dated November 4, 2005, which, after a hearing, designated the defendant a level two sex offender pursuant to Correction Law article 6-C.

*694Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified a level three sex offender.

As correctly argued by the People, the Supreme Court erred in assessing the defendant only five points under risk factor category nine. In light of the defendant’s prior youthful offender adjudication for criminal possession of stolen…