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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY BUFORD, Appellant.

The court's upward departure to risk level two is based on clear and convincing evidence ( see generally Correction Law § 168-n). The court properly concluded that defendant's history of psychiatric illness and medication noncompliance enhanced his risk of reoffending. In making that finding, the court appropriately considered the report of a CPL article 730 examination prepared in connection with the underlying conviction, including statements made by defendant during his examination. There is nothing in the record to cast any doubt on the reliability of this information. In any event, the information about defendant's psychiatric background that was undisputed at the classification proceeding would have been sufficient to support the court's upward departure.

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PEOPLE v. BUFORD
(Nov 25, 2008)