PEOPLE v. GOODWIN

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). We reject defendant's contention that County Court erred in assessing points on the risk assessment instrument for a prior youthful offender adjudication ( see People v Peterson, 8 AD3d 1124, lv denied 3 NY3d 607). Also contrary to defendant's contention, the court's upward departure from the presumptive risk level is supported by clear and convincing evidence of "`an aggravating or mitigating factor of a kind, or to a degree, not otherwise adequately taken into account by the [risk assessment] guidelines'" ( People v Madlin, 302 AD2d 751, 752; cf. People v Zehner, 24 AD3d 826).