679 N.Y.S.2d 771 | N.Y. App. Div. | 1998
Judgment unanimously affirmed. Memorandum: Defendant was convicted upon his plea of guilty of attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [3]) and sentenced to six months’ incarceration and five years’ probation. The conviction arises out of conduct that occurred on January 14, 1996. One week after the incident, on January 21, 1996, the Sex Offender Registration Act ([SORA] Correction Law art 6-C) became effective. Pursuant to SORA, County Court certified that defendant is a sex offender (see, Correction Law § 168-d [1]), advised him of his duty to register as a sex offender as a condition of his probation (see, Correction Law § 168-d [2]) and assigned him a level two risk designation (see, Correction Law § 168-d [3]; § 168-Z [6] [b]).
On appeal, defendant contends that the retroactive applica