PEOPLE v. WIMBERLY (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.

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 [5];  People v. Parker, 41 N.Y.2d 21, 390 N.Y.S.2d 837, 359 N.E.2d 348 [1976];  People v. Ortiz, 283 A.D.2d 256, 724 N.Y.S.2d 611 [2001], lv. denied 96 N.Y.2d 922, 732 N.Y.S.2d 639, 758 N.E.2d 665 [2001] ).   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.