Lahtinen, J.
In 1991, defendant was convicted of rape in the first degree (two counts) and sodomy in the first degree (two counts) and was sentenced to 12½ to 25 years in prison. In anticipation of defendant's conditional release, County Court conducted a hearing to determine his risk level status in accordance with the Sex Offender Registration Act ( see Correction Law art 6-C). Based upon the existence of an override factor, namely, defendant's 1977 conviction for sexual abuse in the first degree, the court classified him as a risk level III sex offender. Defendant now appeals.
We affirm. Defendant's prior felony conviction for a sex crime constituted an applicable override factor resulting in a presumptive risk level III assessment ( see People v Oginski, 35 AD3d 952, 953; People v Sacco, 17 AD3d 711, 712). On this record, we cannot conclude that County Court abused its discretion in classifying defendant as a risk level III sex offender ( see People v Mabb, 32 AD3d 1135, 1135). Defendant's remaining claims have been examined and found to be unavailing.
Ordered that the order is affirmed, without costs.