Opinion
KA 05-02043.
July 7, 2006.
Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered May 19, 2005. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.
Present-Pigott, Jr., P.J., Scudder, Gorski, Martoche and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.,) defendant challenges only 10 points assessed against him under a certain category. Even in the absence of those 10 points, however, defendant's total risk factor score nevertheless results in a presumptive risk level classification of level three, and defendant failed to establish his entitlement to a downward departure from the presumptive risk level ( see People v Hamelinck, 23 AD3d 1060).