| People v Gosek |
| 2012 NY Slip Op 06478 [98 AD3d 1309] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v John J. Gosek,Appellant. |
—[*1] Gregory S. Oakes, District Attorney, Oswego (Courtney E. Pettit of counsel), forrespondent.
Appeal from an order of the Oswego County Court (Walter W. Hafner, Jr., J.), dated August24, 2009. The order determined that defendant is a level two risk pursuant to the Sex OffenderRegistration Act.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level two risk pursuant tothe Sex Offender Registration Act (Correction Law § 168 et seq.), defendantcontends that County Court's upward departure from his presumptive classification as a level onerisk to a level two risk is not supported by clear and convincing evidence (see §168-n [3]). We reject that contention, inasmuch as the People presented the requisite evidence ofaggravating factors " 'of a kind, or to a degree, not otherwise adequately taken into account by the[risk assessment] guidelines' " to warrant the upward departure (People v McCollum, 41 AD3d1187, 1188 [2007], lv denied 9 NY3d 807 [2007]). Here, the People presented clearand convincing evidence that defendant used the telephone to induce underage females to engagein sexual activity with him; that on one occasion he met with an undercover officer to arrange forthe provision of drugs in exchange for sex; and that, on another occasion, he made arrangementsto meet two females for sex, believing that they were 15 years of age, and he was arrested at thehotel where they were to meet. We further conclude that the court's "oral findings are supportedby the record and sufficiently detailed to permit intelligent review; thus, remittal is not requireddespite defendant's accurate assertion regarding the court's failure to render an order setting forththe findings of fact . . . upon which its determination is based" (People v Farrell, 78 AD3d 1454,1455 [2010]). Present—Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.