The court properly exercised its discretion in following the Board of Examiners of Sex Offenders' recommendation for an upward departure based on clear and convincing evidence of the extreme heinousness and extent of defendant's sexual misconduct, which was not adequately accounted for in the risk assessment instrument, and which demonstrated a threat to the safety of children that outweighed the mitigating factors cited by defendant (see generally People v Gillotti,<...
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