People v. Jenkins

Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about March 15, 2005, 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 court’s upward departure to risk level three is based on clear and convincing evidence (see generally Correction Law § 168-n [3]). The court properly considered defendant’s admission to a police officer that, prior to the conduct that led to his conviction, he had sexually molested two other children, despite the fact that defendant…