PEOPLE v. WINFIELD

13523, 5376/98

122 A.D.3d 488 (2014)

995 N.Y.S.2d 76

2014 NY Slip Op 07955

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL WINFIELD, Appellant.

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

Decided November 18, 2014.


Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about September 9, 2011, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court's upward departure to level three was supported by clear and convincing evidence of aggravating factors not adequately taken into account by the risk assessment instrument (see e...

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