Crimes - Sex Offenders - Sex Offender Registration Act - Risk Factor Assessment - Recency of Prior Sex Crime - Forcible Touching

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about November 16, 2021, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court correctly assessed 30 points and 10 points under risk factors 9 and 10, respectively, for a prior sex crime and the recency of the prior sex crime, based on defendant's prior conviction of forcible touching, a misdemeanor sex crime for purposes of these risk factors (see People v DeJean, 205 AD3d 460, 460-461 [1st Dept 2022], lv denied 38 NY3d 914 [2022]).

Defendant's claim that the court incorrectly assessed points under risk factor 1 is academic because reducing the point assessment for this factor from 15 to 5 points would not affect his presumptive risk level (see People v Pollack, 159 AD3d 435, 436 [1st Dept 2018], lv denied 31 NY3d 909 [2018]). In any event, the court's assessment of points for this factor was supported by clear and convincing evidence that the victim suffered physical injury (see People v Davalos, 217 AD3d 549 [1st Dept 2023], lv denied 40 NY3d 904 [2023]). Concur—Webber, J.P., Moulton, González, Pitt-Burke, Higgitt, JJ.