People v. Cherry

60 A.D.3d 484, 873 N.Y.S.2d 909

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 12, 2009
• Status: Published

Opinion

— Judgment, Supreme Court, New York County (Eduardo Padro, J.), entered on or about February 15, 2007, which adjudicated defendant a level three offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the court’s discretionary upward departure to a level three sex offender adjudication. There was clear and convincing evidence of factors, not adequately accounted for in the risk assessment instrument, demonstrating that defendant has a high risk of reoffending (see e.g. People v O’Flaherty, 23 AD3d 237 [2005], lv denied 6 NY3d 705 [2006]). Concur — Andrias, J.P., Saxe, Acosta and Renwick, JJ.