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PEOPLE v. CHERRY

Appellate Division of the Supreme Court of New York, First Department.
Mar 12, 2009

The record supports the court's discretionary upward departure to a level three sex offender adjudication. There was clear and convincing evidence of factors, not adequately accounted for in the risk assessment instrument, demonstrating that defendant has a high risk of reoffending see e.g. People v O'Flaherty, 23 AD3d 237, lv denied 6 NY3d 705).