People v. James

Appeal by the defendant from an amended order of the County Court, Nassau County (Berkowitz, J.), dated June 15, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the amended order is affirmed, without costs or disbursements.

The defendant, who was convicted following a jury trial of rape in the second degree, incest (two counts), rape in the third *556degree, and endangering the welfare of a child, contends that the County Court erred in upwardly departing from the presumptive risk level two recommendation made by the Board…