The People v. James R. Poleun

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Defendant pleaded guilty to one count of possession of a sexual performance by a child (Penal Law § 263.16), in full satisfaction of the charges against him. He was sentenced to an indeterminate term of IV3 to 4 years.

As defendant neared his expected release, the Board of Examiners of Sex Offenders prepared a risk assessment instrument (RAI) assessing him 100 points — a presumptive level two classification — but recommended an upward departure to a risk level three designation. A hearing on…