NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 12, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
NATHANIEL CHERRY, DEFENDANT-APPELLANT.
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.
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.
Andrias, J.P., Saxe, Acosta, Renwick, JJ.
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 , lv denied 6 NY3d 705 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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