People v. Sandikci

Summary

The Appellate Division, Third Department, affirmed an order classifying Recep Sandikci as a risk level two sex offender under the Sex Offender Registration Act. The court held that clear and convincing evidence supported an upward departure from the presumptive risk level one classification based on the nature and circumstances of his conduct.

Holdings

1. An upward departure was justified because clear and convincing evidence showed that the risk assessment instrument did not adequately account for the nature of defendant's conduct, including his intent to subject the victim to sexual contact and his communications with multiple purportedly underage girls.
2. County Court did not abuse its discretion in classifying defendant as a risk level two sex offender after finding an upward departure appropriate but determining that the People had not justified a departure to risk level three.

Questions Presented

1. Whether County Court properly found an aggravating factor not adequately accounted for by the risk assessment instrument and imposed an upward departure from the presumptive risk level one classification.
2. Whether the evidence supported classification of defendant as a risk level two sex offender rather than the presumptive risk level one offender classification.

Disposition

affirmed