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PEOPLE v. VIVES

57 A.D.3d 312 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VIVES, Appellant.

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

December 16, 2008.

The record supports the court's discretionary upward departure to a level three sex offender adjudication. There was ample evidence to support aggravating factors not adequately accounted for in the risk assessment instrument (see e.g. People v O'Flaherty, 23 A.D.3d 237 [2005], lv denied 6 N.Y.3d 705 [2006]), and there was no improper double counting. These aggravating factors demonstrated...

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