PEOPLE v. JOHNSON

8370, 4078/01, 4664/01, 6926/01.

99 A.D.3d 615 (2012)

952 N.Y.S.2d 873

2012 NY Slip Op 7190

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TED JOHNSON, Appellant.

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

October 25, 2012.


The record supports the court's discretionary upward departure to risk level two. Defendant has demonstrated an extremely high risk of recidivism, and the type of misconduct in which he habitually engages is sufficiently serious to warrant an upward departure to level three (see People v Corian, 77 A.D.3d 590 [1st Dept 2010], lv denied 16 N.Y.3d 705 [2011]).

The court properly classified...

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