July 2, 2013
The People of the State of New York, Respondent,
Adam Doctor, Defendant-Appellant.
Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Friedman, J.P., Sweeny, DeGrasse, Richter, Feinman, JJ.
Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about April 23, 2010, 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 court properly applied the presumptive override for a prior felony sex crime conviction. Defendant, who has been convicted of persistent sexual abuse (Penal Law § 130.53), has demonstrated a high risk of recidivism, and his argument that the type of misconduct in which he habitually engages is not serious enough to warrant a level three designation has been previously rejected by this court (see People v Galloway, 93 A.D.3d 575 , lv denied 19 N.Y.3d 806 ; People v Corian, 77 A.D.3d 590 [1st Dept 2010], lv denied 16 N.Y.3d 705 ). Moreover, at the classification hearing defendant did not dispute the fact that he has a prior conviction for attempted sodomy in the second degree.