People v. Bernstein

Order, Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about March 31, 2017, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C [SORA]), unanimously affirmed, without costs.

The record supports the court’s discretionary upward departure to a level three sex offender adjudication (see People v Gillotti, 23 NY3d 841, 861-862 [2014]). “[T]he level suggested by the [risk assessment instrument (RAI)] is merely presumptive and a SORA court possesses the discretion to impose a lower or higher risk level…