People v. Damato

Appeal by the defendant from an order of the County Court, Suffolk County (Braslow, J.), dated July 25, 2007, which, without a hearing, in effect, granted the motion of the People of the *820State of New York for an upward modification of his risk level, and designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion for an upward modification of the defendant’s risk level is denied, and the defendant is designated a level one sex offender.

In 2005, the defendant was convicted of sexual…