People v. Wells

We reverse. “An upward departure from a presumptive risk classification is justified when an aggravating factor exists that is not otherwise adequately taken into account by the risk assessment guidelines and the court finds that such factor is supported by clear and convincing evidence” (People v O’Connell, 95 AD3d 1460, 1460 [2012] [internal quotation marks and citation omitted]; see People v Burch, 90 AD3d 1429, 1430 [2011]). In our view, the aggravating factor relied upon by County Court, i.e., “the length and nature of the [defendant’s abuse of the victim,” was adequately taken into…