Opinion
2016–11632
01-23-2019
PEOPLE of State of New York, Respondent, v. Jonathan SMITH, Appellant.
Jeffrey D. Cohen, Kew Gardens, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.
Jeffrey D. Cohen, Kew Gardens, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Michelle Kaszuba of counsel), for respondent.
WILLIAM F. MASTRO, J.P. JOHN M. LEVENTHAL COLLEEN D. DUFFY HECTOR D. LASALLE, JJ.
DECISION & ORDERORDERED that the order is affirmed, without costs or disbursements.
At a risk assessment hearing pursuant to the Sex Offender Registration Act (Correction Law art 6–C), the Supreme Court granted the People's application for an upward departure from the presumptive risk level two to risk level three. The defendant appeals from the order designating him a level three sex offender.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the People's application for an upward departure from the presumptive risk level two to risk level three. The People presented clear and convincing evidence of aggravating circumstances, including the defendant's escalating history of sexual misconduct, of a kind or to a degree not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (see People v. Ragabi, 150 A.D.3d 1161, 1161–1162, 52 N.Y.S.3d 655 ). Upon determining the existence of these aggravating factors, the court providently exercised its discretion in granting the People's application for an upward departure.
MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.