| People v Winney |
| 2007 NY Slip Op 06782 [43 AD3d 1239] |
| September 20, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v FrederickWinney, Appellant. |
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attyad>Marcel J. Lajoy, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), forrespondent.
Lahtinen, J. 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 pursuantto the Sex Offender Registration Act.
In 1991, defendant was convicted of rape in the first degree (two counts) and sodomy in thefirst degree (two counts) and was sentenced to 12½ to 25 years in prison. In anticipation ofdefendant's conditional release, County Court conducted a hearing to determine his risk levelstatus in accordance with the Sex Offender Registration Act (see Correction Law art6-C). Based upon the existence of an override factor, namely, defendant's 1977 conviction forsexual abuse in the first degree, the court classified him as a risk level III sex offender. Defendantnow appeals.
We affirm. Defendant's prior felony conviction for a sex crime constituted an applicableoverride factor resulting in a presumptive risk level III assessment (see People v Oginski, 35 AD3d952, 953 [2006]; People vSacco, 17 AD3d 711, 712 [2005]). On this record, we cannot conclude that CountyCourt abused its discretion in classifying defendant as a risk level III sex offender (see People v Mabb, 32 AD3d1135, 1135 [2006]). Defendant's remaining claims have been examined and found to beunavailing.
Crew III, J.P., Peters, Spain and Kane, JJ., concur. Ordered that the order is affirmed, withoutcosts.