People v. Inskeep

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant’s contention that County Court erred in granting the request of the Board of Examiners of Sex Offenders for an upward departure from defendant’s presumptive level two risk to a level three risk. The court’s determination is supported by clear and convincing evidence of “ ‘an aggravating . . . factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines’ ”…