Richard J. Introduction: Beowulf or Brutus of Troy? We reverse.
Records indicate there are incarcerated Sex Offenders in Massachusetts, as well as offenders whose location is unknown in. Footnotes Footnote 1:Although the proposed risk assessment instrument initially submitted to County Court indicated that defendant was presumptively classified as a risk level III sex offender with a score of points, the People acknowledged at the hearing that 10 points were mistakenly added.
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Defendant, who was 16 years old at the time of his crime, was presumptively classified under the Sex Offender Registration Act see Correction Law art 6-C as a risk level II sex offender with a score of points [FN1].
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US State Law. Lastly, we have reviewed defendant's contention that County Court abused its discretion by not directing a downward departure from the presumptive risk classification to a risk level I and find no mitigating circumstances that would support such a result see People v Jamison, 96 AD3d at ; People v Johnson, 77 AD3d , .
Although County Court relied upon People v Stewart 77 AD3d  , People v Harris 50 AD3d , lv denied 10 NY3d  and People v Leibach 39 AD3d , lv denied 9 NY3d  in support of the upward departure, we cannot agree that the circumstances here, while certainly reprehensible, present similar aggravating factors beyond the points already assessed.
Footnotes Footnote 1:Although the proposed risk assessment instrument initially submitted to County Court indicated that defendant was presumptively classified as a risk level III sex offender with a score of points, the People acknowledged at the hearing that 10 points were mistakenly added.
Other Databases. Peters, P.