People v Collins (Christopher)
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on December 30, 2010
PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ
Defendant appeals from an order of the Criminal Court of the City of New York, New York County (ShawnDya L. Simpson, J.), dated August 4, 2009, which adjudicated him a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-C).
Order (ShawnDya L. Simpson, J.), dated August 4, 2009, affirmed.
The court's discretionary upward departure, which was requested by the Board of Examiners of Sex Offenders, was based on clear and convincing evidence of an aggravating factor not taken into account by the risk assessment instrument -- defendant's possession of a dangerous instrument (a gravity knife) at the time he committed two of the prior sex offenses for which he was arrested (cf. People v Portis, 9 Misc 3d 139[A], 2005 NY Slip Op 51838[U] , lv denied 7 NY3d 869 ). In addition, defendant's point score under the risk assessment instrument (i.e. 105) was nearly at level three (see People v Sherard, 73 AD3d 537 , lv denied 15 NY3d 707 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 30, 2010
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