PEOPLE OF N.Y. v. GONZALEZ

The People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Although the underlying conviction was based on a guilty plea to attempted rape, the People provided reliable evidence ( see Correction Law § 168-n) of sexual contact supporting an assessment of 25 points. The court also properly determined that, in any event, a discretionary upward departure would be warranted by the circumstance that defendant committed the underlying crime after absconding from a work release program, a factor not otherwise considered by the risk assessment instrument ( see People v O'Flaherty, 23 AD3d 237, lv denied 6 NY3d 705).