People v. Hamilton

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated April 24, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A departure from the presumptive risk level is warranted where “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account” by the Sex Offender Registration Act guidelines (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at…