People v. Winfield

Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about September 9, 2011, 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.

The court’s upward departure to level three was supported by clear and convincing evidence of aggravating factors not adequately taken into account by the risk assessment instrument (see e.g. People v Jones, 114 AD3d 550 [1st Dept 2014], lv denied 23 NY3d 903 [2014]). As noted by the Board of Examin ers of Sex Offenders,…