People v. Winney

Appeal from an order of the County Court of Schenectady County (Giardino, J.), entered November 21, 2006, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

In 1991, defendant was convicted of rape in the first degree (two counts) and sodomy in the first degree (two counts) and was sentenced to 12V2 to 25 years in prison. In anticipation of defendant’s conditional release, County Court conducted a hearing to determine his risk level status in accordance with the Sex Offender Registration Act (see Correction Law art 6-C). Based upon the…