People v. Ruddy

*518Appeal by the defendant from an order of the County Court, Westchester County (Alessandro, J.), entered June 24, 2004, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.

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

The defendant contends that the County Court improperly assessed him 10 points for his living situation merely because it found his living situation to be uncertain. We agree.

Under risk factor 15 of the risk assessment instrument (see…