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PEOPLE v. LARKIN

1309, 7180/03.

66 A.D.3d 592 (2009)

886 N.Y.S.2d 804

2009 NY Slip Op 7744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND LARKIN, Appellant.

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

Decided October 29, 2009.

As the People concede, certain points were incorrectly assessed, and defendant's presumptive risk level should thus be level two. Nevertheless, the record supports the conclusion that an upward departure to level three is warranted. The hearing court denied, as unnecessary, the People's request for an upward departure. Accordingly, we are authorized, on this civil appeal, to affirm on this alternative basis (see CPLR 5501...

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