PEOPLE v. ASHBY


56 A.D.3d 633 (2008)

868 N.Y.S.2d 88

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW ASHBY, Appellant.

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

November 18, 2008.


Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination to upwardly depart from the risk assessment score to find the defendant a level three sex offender under the Sex Offender Registration Act (hereinafter SORA), but for reasons different from those relied upon by the Supreme Court. The record is sufficient for this Court to make its own findings of fact and conclusions of law (see People v Hill,

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