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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS R. GREENE, Appellant.

Defendant previously pleaded guilty to a sex offense in Florida and, upon his relocation to Broome County in 2001, was classified as a risk level one sex offender. In 2009, defendant pleaded guilty to endangering the welfare of a child and was sentenced to a period of probation. The People thereafter (pursuant to Correction Law § 168-0 [3]) sought to reclassify defendant as a risk level two sex offender, and the Board of Examiners of Sex Offenders supported that application ( see Correction Law § 168-0 [4]). Following a hearing, County Court reclassified defendant as a risk level two sex offender, and defendant appeals.

Correction Law § 168-0 (3) permits the People to seek modification of a sex offender's risk level status where such offender has, among other things, been convicted of a new crime and the conduct underlying such crime "is of a nature that indicates an increased risk of a repeat sex offense" ( see generally People v Wroten, 286 AD2d 189, 194, lv denied 97 NY2d 610). Here, in pleading guilty to endangering the welfare of a child, defendant admitted that he engaged in inappropriate physical contact with the then five-year-old victim. Despite the fact that this conviction did not qualify as a registerable sex offense ( see Correction Law § 168-a), the nature of the conduct underlying it is sufficient to establish, by clear and convincing evidence ( see Correction Law § 168-0 [3]), that defendant is at an increased risk to reoffend. Accordingly, County Court properly granted the People's application for an upward modification of defendant's risk level classification ( cf. People v Turpeau, 68 AD3d 1083, lv denied 14 NY3d 705).

Ordered that the order is affirmed, without costs.

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PEOPLE v. GREENE
(Apr 21, 2011)