PEOPLE v. JENKINS


34 A.D.3d 352 (2006)

824 N.Y.S.2d 281

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN JENKINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 21, 2006.


The court's upward departure to risk level three is based on clear and convincing evidence (see generally Correction Law § 168-n [3]). The court properly considered defendant's admission to a police officer that, prior to the conduct that led to his conviction, he had sexually molested two other children, despite the fact that defendant was never charged with those sex offenses (see People v Seils, 28 A.D.3d 1158 [2006...

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