People v. Green

Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.), dated June 15, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

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

In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (Correction Law art 6-C), “the People bear the burden of establishing the facts supporting the determination sought by clear and convincing evidence”…