| People v Vives |
| 2008 NY Slip Op 09829 [57 AD3d 312] |
| December 16, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Daniel Vives, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Susan Gliner of counsel), forrespondent.
Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about March15, 2007, which adjudicated defendant a level three sex offender under the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.
The record supports the court's discretionary upward departure to a level three sex offenderadjudication. There was ample evidence to support aggravating factors not adequately accountedfor in the risk assessment instrument (see e.g. People v O'Flaherty, 23 AD3d 237 [2005], lv denied 6NY3d 705 [2006]), and there was no improper double counting. These aggravating factorsdemonstrated that defendant is a dangerous pedophile with a grave risk of reoffending,notwithstanding his conclusory claims of having been rehabilitated during his incarceration.Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.