People v. Moore

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about July 15, 2004, which adjudicated defendant a level three sex offender and a sexual predator under the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law, to vacate the sexual predator adjudication and reduce the sex offender adjudication to level two and, except as so modified, affirmed, without costs.

As the People concede, the classification of defendant as a statutory sexual predator is unsupported by the requisite diagnosis of mental disease (Correction Law § 168-a [7] [a]).…