The court's upward departure to risk level two is based on clear and convincing evidence (see generally Correction Law § 168-n [3]). The court properly concluded that defendant's history of psychiatric illness and medication noncompliance enhanced his risk of reoffending. In making that finding, the court appropriately considered the report of a CPL article 730 examination prepared in connection with the underlying conviction, including statements made by defendant...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
