ALBANY - A man classified as a level three sex offender has lost his appeal to have the classification lowered.
The state Supreme Court Appellate Division earlier this week ruled the classification for Tony J. Irizarry is correct.
Irizarry, 34, whose address on the New York State Sex Offender Registry is listed as the Mohawk Correctional Facility in Rome, Oneida County, petitioned the court to lower his designation from level three - which indicates he's at the highest risk for a repeat offense - to a lower designation.
Montgomery County Court previously classified Irizarry as a level three offender. Irizary was sentenced to three years in prison after pleading guilty in 2007 to committing a sexual act with a child younger than age 15.
Based on his previous drug and alcohol abuse and his criminal history, the appellate court ruled Irizarry was classified properly.