People v. Bynum

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about July 15, 2015, which, adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court’s upward departure was a proper exercise of discretion, based on clear and convincing evidence of an aggravating factor that was not otherwise adequately taken into account by the risk assessment guidelines, and which outweighed the mitigating factors cited by defendant (see e.g. People v Poole, 105 AD3d 654 [1st Dept…