People v. Majid

*898Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about November 12, 2009, which adjudicated defendant a level three sex 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. The court properly determined that although defendant received points relating to his use of violence in the commission of the underlying sex crime, the risk assessment instrument did not adequately take into account the extreme brutality of the crime,…