People v. Madlin

Appeal from an order of the County Court of Broome County (Smith, J.), rendered September 20, 2001, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

In this appeal from County Court’s sex offender risk level classification, defendant contends that the court erred when it deviated from the level II risk classification recommended by the District Attorney. In making its determination, County Court relied upon the victim’s statements to police as contained in the report of the presentence investigation. These statements demonstrate that…