PEOPLE v. SULLIVAN (2007)

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about November 2, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs.

The court properly accepted the Board of Examiners' recommendation of a discretionary upward departure (see e.g. People v. Roland, 292 A.D.2d 271, 739 N.Y.S.2d 694 [2002], lv. denied 98 N.Y.2d 614, 751 N.Y.S.2d 169, 780 N.E.2d 980 [2002] ), based on aggravating factors that were established by clear and convincing evidence and were not adequately taken into account by the Board's risk assessment instrument.   The egregious conduct toward a child that resulted in defendant's underlying conviction, along with the circumstances surrounding that crime, demonstrate that defendant poses a grave danger to children.