Opinion
10-17-2017
The PEOPLE of the State of New York Respondent, v. Jeffrey TAYLOR, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Shane Tela of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Rebecca Hausner of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Shane Tela of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Rebecca Hausner of counsel), for respondent.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about December 4, 2014, 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.
Regardless of whether the court properly assessed points for sexual contact under clothing, the record supports the court's alternative finding that an upward departure was warranted. Even without the points disputed on appeal, the point score of 105 is nearly enough for a level three adjudication, and the risk assessment instrument did not adequately account for defendant's criminal history, significant risk of recidivism as demonstrated by his pattern of similar behavior, and prior level two adjudication (see People v. Hatcher, 132 A.D.3d 407, 16 N.Y.S.3d 735 [1st Dept.2015], lv. denied 26 N.Y.3d 915, 2016 WL 42974 [2016] ; People v. Grassi, 123 A.D.3d 602, 998 N.Y.S.2d 369 [1st Dept.2014], lv. denied 25 N.Y.3d 902, 2015 WL 1422787 [2015] ).
TOM, J.P., RICHTER, ANDRIAS, GESMER, SINGH, JJ., concur.