People v. McKelvin

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about March 28, 2013, which adjudicated defendant a level three sexual offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of reducing the adjudication to that of a level two offender, and otherwise affirmed, without costs.

Initially, we note that defendant’s correct point score is 95, supporting a presumptive level two adjudication. To the extent that the People and defendant are arguing,…