People v. Taylor

Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about December 4, 2014, 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 the court properly assessed points for sexual contact under clothing, the record supports the court’s alternative finding that an upward departure was warranted. Even without the points disputed on appeal, the point score of 105 is nearly enough for a level three adjudication, and the risk…