People v. Baldwin

NeMoyer and Scudder, JJ.

(dissenting). We respectfully dissent in part because, in our view, County Court properly determined that an upward departure from a presumptive level two risk was warranted under these facts. We therefore would modify the order only by vacating the determination that defendant is a sexually violent offender, in the interest of justice and on the law.

Here, as the court properly determined, there was an aggravating circumstance that is, “as a matter of law, of a kind or to a degree not adequately taken into account by the [Sex Offender Registration Act] guidelines”…