| People v Buford |
| 2008 NY Slip Op 09276 [56 AD3d 381] |
| November 25, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Danny Buford, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), forrespondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered April 25, 2007,which adjudicated defendant a level two sex offender pursuant to the Sex Offender RegistrationAct (Correction Law art 6-C), unanimously affirmed, without costs.
The court's upward departure to risk level two is based on clear and convincing evidence(see generally Correction Law § 168-n [3]). The court properly concluded thatdefendant's history of psychiatric illness and medication noncompliance enhanced his risk ofreoffending. In making that finding, the court appropriately considered the report of a CPL article730 examination prepared in connection with the underlying conviction, including statementsmade by defendant during his examination. There is nothing in the record to cast any doubt onthe reliability of this information. In any event, the information about defendant's psychiatricbackground that was undisputed at the classification proceeding would have been sufficient tosupport the court's upward departure. Concur—Lippman, P.J., Gonzalez, Moskowitz,Acosta and Renwick, JJ.