People v. Guaman

OPINION OF THE COURT

James P. Sullivan, J.

This matter is before the court for a judicial determination of the defendant’s appropriate risk level under the Sex Offender *708Registration Act (SORA) (Correction Law art 6-C). Following a hearing held on January 24, 2006, this court concludes, based on clear and convincing evidence, that the defendant’s presumptive risk level is low based upon a modified risk factor score of 70 points and, therefore, he is hereby determined to be a level one sex offender.

On August 19, 2005, the defendant pleaded guilty to rape in the second degree, a class D felony…