Majority
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] guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]; see People v Gillotti, 23 NY3d 841 , 861 [2014]; People v DeWoody, 127 AD3d 831 , 831-832 [2015]). Here, the County Court properly determined that the People
Leventhal, J.P., Roman, Sgroi and LaSalle, JJ., concur.
Cases cited
- People v. Gillotti 23 NY3d 841 at 861 p. 1061
- People v. DeWoody 127 AD3d 831 at 831-832 p. 1061
- People v. Jackson 139 AD3d 1031 p. 1062
- People v. DeDona 102 AD3d 58 at 69 p. 1062
- People v. Wyatt 89 AD3d 112 at 123 p. 1062