Opinion
2018–08782
01-15-2020
PEOPLE of State of New York, respondent, v. Anthony LEAZER, appellant.
Charles E. Holster III, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Rebecca L. Abensur of counsel), for respondent.
Charles E. Holster III, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Rebecca L. Abensur of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER Appeal by the defendant from an order of the Supreme Court, Nassau County (Teresa K. Corrigan, J.), dated May 30, 2018, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements. We agree with the Supreme Court's determination granting the People's request for an upward departure from the presumptive risk level two designation, to risk level three (see People v. Amin, 128 A.D.3d 785, 9 N.Y.S.3d 158 ). The People established, by clear and convincing evidence, the existence of aggravating factors not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter Guidelines) and the risk assessment instrument (see Guidelines at 4) warranting an upward departure from the defendant's presumptive risk level, including a series of concurrent crimes that involved violent robberies of prostitutes, during which the defendant threatened to kill his victims and forced his victims to disrobe (see People v. Headwell, 156 A.D.3d 1263, 66 N.Y.S.3d 580 ; People v. Duryee, 130 A.D.3d 1487, 1488, 12 N.Y.S.3d 731 ; People v. Amin, 128 A.D.3d 785 ; People v. Faulkner, 122 A.D.3d 539, 997 N.Y.S.2d 410 ; People v. Frosch, 69 A.D.3d 699, 893 N.Y.S.2d 226 ).
MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.