Opinion
2014-04-2
PEOPLE of State of New York, respondent, v. Brian M. SOEVYN, appellant.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated June 17, 2013, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the defendant's contention, in light of the extreme brutality and violence of the defendant's conduct in his commission of the underlying crimes, which included holding the victim hostage in her home over the course of approximately 13 hours, repeatedly threatening to stab her with a knife and burn her to death with gasoline, raping her twice, locking her in a closet, choking and punching her, and engaging in a standoff with the police, the County Court properly determined that there were aggravating factors not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary ( see People v. Ratcliff, 107 A.D.3d 476, 966 N.Y.S.2d 433;People v. Majid, 98 A.D.3d 897, 898, 950 N.Y.S.2d 707;People v. Suber, 91 A.D.3d 619, 620, 935 N.Y.S.2d 898;People v. Henry, 91 A.D.3d 927, 938 N.Y.S.2d 323;People v. Wyatt, 89 A.D.3d 112, 121, 123, 931 N.Y.S.2d 85;People v. Ray, 86 A.D.3d 435, 926 N.Y.S.2d 290;People v. Rios, 57 A.D.3d 501, 502, 868 N.Y.S.2d 295;People v. Miller, 48 A.D.3d 774, 774–775, 854 N.Y.S.2d 138;People v. Joslyn, 27 A.D.3d 1033, 1034–1035, 811 N.Y.S.2d 807). Upon making such a determination, the County Court providently exercised its discretion in granting the People's application for an upward departure from a level two to a level three sex offender ( see People v. Henry, 91 A.D.3d at 927, 938 N.Y.S.2d 323;People v. Wyatt, 89 A.D.3d at 121, 123, 931 N.Y.S.2d 85).