Opinion
09-27-2016
The PEOPLE of the State of New York, Respondent, v. Tyrone FLEETWOOD, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.) entered on or about June 24, 2015, 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 properly exercised its discretion in granting an upward departure based on defendant's egregious criminal history, which was not adequately accounted for in the risk assessment instrument, and which evinced a threat to public safety that outweighed the mitigating factors cited by defendant (see generally People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ).
We have considered and rejected defendant's remaining arguments.
FRIEDMAN, J.P., ANDRIAS, RICHTER, GISCHE, KAHN, JJ., concur.