People v. Villane

49 A.D.3d 517, 851 N.Y.2d 880

Opinion

The Supreme Court providently exercised its discretion in upwardly departing from the defendant’s presumptive sex of fender level based upon clear and convincing evidence of aggravating factors of a degree not taken into account by the risk assessment instrument and the guidelines (see People v Leibach, 39 AD3d 1093 [2007]; People v Agard, 35 AD3d 568 [2006]). The defendant’s remaining contentions need not be addressed in light of our determination (see People v Turner, 45 AD3d 747 [2007]) and, in any event, are without merit (see People v Johnson, 47 AD3d 140 [2007]; People v Lawless, 44 AD3d 738 [2007], lv denied 9 NY3d 816 [2007]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.