Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Andrias, J.P., Friedman, Moskowitz, DeGrasse, Feinman, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 5, 2010, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6—C), unanimously affirmed, without costs.
The court properly applied the presumptive override for a prior felony sex crime conviction (see People v Judd, 29 A.D.3d 431 , lv denied7 N.Y.3d 709 ). Although defendant's prior conviction of attempted rape in the first degree occurred in 1991, it involved a six-year-old girl. Furthermore, in 2008, defendant committed the underlying sex crime shortly after he had been placed on probation for his conviction of endangering the welfare of a child, based upon his stalking of a 10-year-old girl and his attempt to lure her into his car. Even considering the mitigating factors cited by defendant, including his positive postrelease conduct, these ...