MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant was convicted, upon pleas of guilty, of attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65) and endangering the welfare of a child (§ 260.10 [1]) arising from two separate incidents involving different victims. Supreme Court properly adopted the recommendation of the Board of Examiners of Sex Offenders (Board) in determining defendant's risk level. Although defendant's final score of 85 on the risk assessment instrument placed defendant in the level two risk category, the Board nevertheless recommended that he be assessed at the level three risk category based on his conviction of endangering the welfare of a child ( see generally People v. Roland, 292 A.D.2d 271, 272, lv denied 98 N.Y.2d 614). It was within the court's discretion to adopt that recommendation, based upon clear and convincing evidence of the facts in support thereof ( see Correction Law § 168-n; People v. Carlton, 307 A.D.2d 763).