People v. Goodwin

Dec 22, 2006
Versions:35 A.D.3d 1285
825 N.Y.S.2d 414

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant‘s contention that County Court erred in assessing points on the risk assessment instrument for a prior youthful offender adjudication (see People v Peterson, 8 AD3d 1124 [2004], lv denied 3 NY3d 607 [2004]). Also contrary to defendant‘s contention, the court‘s upward departure from the presumptive risk level is supported by clear and convincing evidence of “‘an aggravating or mitigating factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines‘” (People v Madlin, 302 AD2d 751, 752 [2003]; cf. People v Zehner, 24 AD3d 826 [2005]). Present—Scudder, P.J., Martoche, Centra and Pine, JJ.