| People v Sullivan |
| 2007 NY Slip Op 09672 [46 AD3d 285] |
| December 6, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v ScottSullivan, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), forrespondent.
Order, Supreme Court, New York County (Renee A. White, J.), entered on or aboutNovember 2, 2005, which adjudicated defendant a level three sex offender under the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The court properly accepted the Board of Examiners' recommendation of a discretionaryupward departure (see e.g. People v Roland, 292 AD2d 271 [2002], lvdenied 98 NY2d 614 [2002]), based on aggravating factors that were established by clear andconvincing evidence and were not adequately taken into account by the Board's risk assessmentinstrument. The egregious conduct toward a child that resulted in defendant's underlyingconviction, along with the circumstances surrounding that crime, demonstrate that defendantposes a grave danger to children. Concur—Tom, J.P., Saxe, Friedman, Gonzalez andCatterson, JJ.