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PEOPLE v. RATCLIFF

10331, 3385/07.

107 A.D.3d 476 (2013)

966 N.Y.S.2d 433

2013 NY Slip Op 4292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD RATCLIFF, Appellant.

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

Decided June 11, 2013.

The record supports the court's discretionary upward departure. "[T]he level suggested by the [risk assessment instrument] is merely presumptive and a SORA court possesses the discretion to impose a lower or higher risk level if it concludes that the factors in the RAI do not result in an appropriate designation" (People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]; see also People v Johnson, 11 N.Y.3d 416

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