People v. Allen

Carpinello, J. Appeal from an order of the County Court of Saratoga County (Scarano, Jr., J.), entered November 16, 2004, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant was convicted upon his plea of guilty of two counts of rape in the third degree after he admittedly engaged in sexual intercourse and sodomy with his 16-year-old stepdaughter on two occasions in January 1999. Prior to defendant’s release from prison, the Board of Examiners of Sex Offenders issued a *980risk assessment instrument assigning defendant a score of…