Appellate Division of the Supreme Court of the State of New York March 24, 2011 (People v. Hammer)

Stein, J.

Defendant pleaded guilty to rape in the third degree, stem*1457ming from him having had sexual intercourse with a 13-year-old girl. Prior to his release from prison, the Board of Examiners of Sex Offenders presumptively classified defendant as a risk level two sex offender (105 points, the highest number in risk level two) in accordance with the Sex Offender Registration Act (see