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PEOPLE v. SULLIVAN

46 A.D.3d 285 (2007)

847 N.Y.S.2d 516

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT SULLIVAN, Appellant.

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

Decided December 6, 2007.

The court properly accepted the Board of Examiners' recommendation of a discretionary upward departure (see e.g. People v Roland, 292 A.D.2d 271 [2002], lv denied 98 N.Y.2d 614 [2002]), based on aggravating factors that were established by clear and convincing evidence and were not adequately taken into account by the Board's risk assessment instrument. The egregious conduct toward a child that resulted in defendant's underlying...

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