People v. Moore

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about July 23, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the court’s discretionary upward departure to level three. Initially, we note that, contrary to defendant’s assertion, the court did not actually assess any points other than the 100 points that were uncontested.

Clear and convincing evidence established aggravating factors that were not otherwise adequately…