People v. Menjivar

Appeal by the defendant from an order of the Supreme Court, Queens County (Buchter, J), dated May 16, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level one sex offender.

The defendant was convicted, upon his plea of guilty, of criminal sexual act in the second degree (see Penal Law § 130.45 [1]), based upon his act of engaging in oral sexual conduct with his 14-year-old niece. The District Attorney prepared a risk…