PEOPLE v. CLARK

The record supports the court's discretionary upward departure to a level three sex offender adjudication. Defendant committed a serious sexual assault that was similar to the offense requiring registration, but that was not accounted for in the risk assessment instrument because it was a subsequent offense. This conduct demonstrates that defendant poses an increased risk to public safety, and warrants the upward departure ( see People v Buss, 44 AD3d 634, 635, affd 11 NY3d 553).