Opinion
2013-08888.
02-10-2016
PEOPLE of State of New York, respondent, v. Lawrence IACONO, appellant.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David Bernstein of counsel), for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Robert L. Cavallo of counsel), for respondent.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David Bernstein of counsel), for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Robert L. Cavallo of counsel), for respondent.
Opinion
Appeal by the defendant from an order of the Supreme Court, Nassau County (Delligatti, J.), dated July 18, 2013, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed, without costs or disbursements.
“A court may exercise its discretion and depart upward from the presumptive risk level where ‘it concludes that there exists an aggravating ... factor of a kind, or to a degree, that is otherwise not adequately taken into account by the [Sex Offender Registration Act] guidelines' ” (People v. Richardson, 101 A.D.3d 837, 838, 957 N.Y.S.2d 158, quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 2006 [hereinafter the Guidelines]; see People v. Gillotti, 23 N.Y.3d 841, 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. LaPorte, 119 A.D.3d 758, 989 N.Y.S.2d 309; People v. Wyatt, 89 A.D.3d 112, 119, 931 N.Y.S.2d 85). Here, the Supreme Court properly determined that the People presented clear and convincing evidence of aggravating factors not adequately taken into account by the Guidelines “which tend [ ] to establish a higher likelihood of reoffense or danger to the community” (People v. Wyatt, 89 A.D.3d at 121, 931 N.Y.S.2d 85). Upon determining the existence of these aggravating factors, the Supreme Court providently exercised its discretion in granting the People's application for an upward departure (see People v. Gillotti, 23 N.Y.3d at 861, 994 N.Y.S.2d 1, 18 N.E.3d 701; People v. Wyatt, 89 A.D.3d at 123, 931 N.Y.S.2d 85). Accordingly, the defendant was properly designated a level two sex offender.