Appeal from an order of the Justice Court of the Town of Orangetown, Rockland County (Richard C. Finning, J.), entered October 18, 2013. The order, after a hearing, designated defendant a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is modified by providing that defendant is designated a level one sex offender; as so modified, the order is affirmed, without costs.

Defendant pleaded guilty to sexual abuse in the second degree (Penal Law § 130.60).

At a Sex Offender Registration Act (SORA) hearing conducted pursuant to Correction Law § 168-n, defendant challenged the risk assessment instrument's assessment of 20 points under risk factor three; 10 points under risk factor eight; and 5 points under risk factor nine. The risk assessment instrument also assessed defendant with an additional 65 points under the remaining applicable risk factors, to which defendant did not object during the SORA hearing. The hearing court assessed defendant with a total of 100 points and designated defendant a level two sex offender.

On appeal, defendant contends that the hearing court should not have assessed points under risk factors three, eight and nine of the risk assessment instrument. Consequently, the court should have assessed a total of 65 points against defendant and designated him a level one sex offender. The People concede that defendant should have been designated a level one sex offender.

Upon a review of the record, we find that the People failed to provide clear and convincing evidence warranting the assessment of 20 points under risk factor three, 10 points under risk factor eight and 5 points under risk factor nine. In view of the foregoing, defendant's overall risk assessment instrument score is lowered to 65 points, resulting in the presumptive classification of defendant as a level one sex offender.

Accordingly, we modify the order by providing that defendant is designated a level one sex offender.

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.