People v. Larkin

Order, Supreme Court, New York County (Gregory Carro, J), entered on or about February 9, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

As the People concede, certain points were incorrectly assessed, and defendant’s presumptive risk level should thus be level two. Nevertheless, the record supports the conclusion that *593an upward departure to level three is warranted. The hearing court denied, as unnecessary, the People’s request for an upward departure. Accordingly, we are…