Opinion
9522.
November 14, 2006.
Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about February 28, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Before: Mazzarelli, J.P., Friedman, Sullivan, Catterson and Malone, JJ.
The People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Even if defendant's out-of-state robbery convictions did not qualify as prior violent felonies for sex offender classification purposes, they at least qualified as felonies for such purposes ( cf. Penal Law 10.00; People v Parker, 41 NY2d 21; People v Ortiz, 283 AD2d 256 [2001], lv denied 96 NY2d 922). Therefore, even if the court should have assessed 15 points under the criminal history category for a prior felony, instead of 30 points for a prior violent felony, the total would have been 115 points, which is still above the amount required for a level three adjudication.
We have considered and rejected defendant's remaining arguments regarding this risk factor, as well his challenges to other points assessed by the court.