PEOPLE v. SULLIVAN

The court properly accepted the Board of Examiners' recommendation of a discretionary upward departure ( see e.g. People v Roland, 292 AD2d 271, lv denied 98 NY2d 614), 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.