People v. Nicholas P.

Order, Supreme Court, Bronx County (Steven L. Barrett, J.), entered August 11, 2016, 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.

Initially, we reject the People’s argument that the appeal should be dismissed on the ground that defendant has been deported (see People v Edwards, 117 AD3d 418 [1st Dept 2014]).

The court’s upward departure to level three was supported by clear and convincing evidence of an aggravating factor not adequately taken into account by the…