People v. Jones

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or about February 25, 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.

Regardless of whether points should have been assessed under factor 1 for defendant’s use of “forcible compulsion” or because he was “armed with a dangerous instrument,” the record supports the court’s alternate finding that a discretionary upward departure to level three was warranted under the circumstances *551(see…