People v. Ashby

Appeal by the defendant from an order of the Supreme Court, Queens County (Wong, J.), dated October 17, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court’s determination to upwardly depart from the risk assessment score to find the defendant a level three sex offender under the Sex Offender Registration Act (hereinafter SORA), but for reasons different from those relied upon by the Supreme Court. The record is sufficient for this Court…