| People v Sanford |
| 2008 NY Slip Op 00184 [47 AD3d 454] |
| January 15, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Michael Sanford, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Nicole Beder of counsel), forrespondent.
Order, Supreme Court, New York County (Richard D. Carruthers, J.), entered on or aboutMarch 18, 2005, which adjudicated defendant a level three sex offender pursuant to the SexOffender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The hearing court properly determined that although defendant received points relating to thefacts of the underlying sex crime, the risk assessment instrument failed to adequately take intoaccount the extreme and unusual brutality of that crime, which warranted an upward departure(see People v Ferrer, 35 AD3d297 [2006], lv denied 8 NY3d 807 [2007]; People v Joslyn, 27 AD3d 1033 [2006]). The court considereddefendant's behavior following his release from prison and properly concluded that factor wasoutweighed by the circumstances of the crime. Concur—Lippman, P.J., Buckley, Gonzalezand Sweeny, JJ.