Opinion
October 30, 2001.
Order, Supreme Court, Bronx County (Steven Barrett, J.), entered on or about March 3, 2000, which adjudicated defendant a level-three sex offender, following a hearing pursuant to the Sex Offender Registration Act, Correction Law, Article 6-c, unanimously affirmed, without costs.
Melissa R. DiPalo, for respondent.
Judith Stern, for defendant-appellant.
Before: Williams, J.P., Andrias, Wallach, Lerner, Marlow, JJ.
The record supports the court's independent finding, following a recommendation by the Board of Examiners of Sex Offenders, that defendant, a parolee convicted in 1986 of sex crimes against children, should be designated a level-three sex offender under the Sex Offender Registration Act, and thus subjected to the most stringent reporting requirements imposed by the statute (see, People v. Bottisti, 285 A.D.2d 841, 727 N.Y.S.2d 787). The court properly refused to reduce defendant's status to level two. Although defendant has been involved in a number of rehabilitation programs, the cumulative total of points as calculated by the Board clearly exceeded the threshold for a level-three rating. The court properly considered all relevant risk factors, including evidence that defendant victimized children other than the three complainants in his underlying case. We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.