PEOPLE v. NEWMAN

Regardless of whether defendant's correct point score would make him a presumptive risk level one or two offender, a discretionary upward departure to level three is warranted by aggravating factors. The risk assessment instrument did not adequately account for the seriousness of defendant's criminal record, which consisted of a lengthy pattern of sexual offenses against children, demonstrating a very high risk of reoffending ( see e.g. People v Sullivan, 46 AD3d 285, lv denied 10 NY3d 704).

We also reject defendant's arguments concerning certain point assessments made by the court in determining that he is a presumptive level two offender ( see Correction Law § 168-n; People v Mingo, 12 NY3d 563).