DocketNumber： 2015-02746
Judges： Leventhal, Roman, Sgroi, Lasalle
Filed Date： 9/21/2016
Status： Precedential
Modified Date： 11/1/2024
| People v Sanderline |
| 2016 NY Slip Op 06070 |
| Decided on September 21, 2016 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Robert C. Mitchell, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Thomas Constant of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 25, 2015, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
An upward departure from the presumptive risk level is permitted only if the court determines "that there exists an aggravating . . . factor of a kind, or to a degree, that is otherwise not adequately taken into account by the [Sex Offender Registration Act (hereinafter SORA)] guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]; see People v Gillotti, 23 NY3d 841, 861; People v DeWoody, 127 AD3d 831, 831-832). Here, the County Court properly determined that the People presented clear and convincing evidence of aggravating factors not adequately taken into account by the Guidelines (see People v Jackson, 139 AD3d 1031; People v DeDona, 102 AD3d 58, 69). Upon making that determination, the court providently exercised its discretion in granting the People's application for an upward departure (see People v Wyatt, 89 AD3d 112, 123). Accordingly, the defendant was properly designated a level two sex offender.
LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court