PEOPLE v. LOUIS FULLER

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.

The County Court erred in upwardly departing from the defendant's presumptive risk level two sex offender status and designating him a risk level three sex offender ( see Correction Law § 168-a). The People failed to demonstrate by clear and convincing evidence the existence of an aggravating factor of a kind or to a degree not otherwise adequately taken into account by the guidelines that would warrant such an upward departure ( see People v Ruddy, 31 AD3d 517, lv denied 7 NY3d 714; People v Guaman, 8 AD3d 545).

The defendant's remaining contentions are without merit or need not be reached in light of our determination.

[See 11 Misc 3d 1081(A), 2006 NY Slip Op 50647(U) (2006).]