People v. Fiene

— Malone Jr., J.

Appeal from an order of the County Court of Cortland County (Ames, J.), entered January 11, 2008, which classified defendant as a risk level three sex offender pursuant to the Sex Offender Registration Act.

Defendant waived indictment, pleaded guilty to a superior court information charging him with rape in the second degree and rape in the third degree, and was sentenced as a second felony offender to an aggregate prison term of 3x/2 to 7 years. The Board of Examiners of Sex Offenders recommended that defendant be classified as a risk level three sex offender and, following a…