People v. Smith

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated March 8, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

*982Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a new hearing and determination in accordance herewith.

On the Risk Assessment Instrument (hereinafter the RAI) prepared by the Board of Examiners of Sex Offenders (hereinafter the Board), as required by the Sex Offender Registration…