People v. Abner (Brian)

The People of the State of New York, Respondent,

against

Brian Abner, Defendant-Appellant.

Defendant appeals from an order of the Criminal Court of the City of New York, Bronx County (Julio Rodriguez III, J.), dated August 24, 2016, which, after a hearing, designated him a level three sex offender pursuant to the Sex Offender Registration Act.

Order (Julio Rodriguez III, J.), dated August 24, 2016, affirmed.

The record supports the court's discretionary upward departure to level three. There was clear and convincing evidence of aggravating factors not taken into account by the risk assessment…