People v Manning

People v Manning 2012 NY Slip Op 01545 Decided on March 1, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 1, 2012
Gonzalez, P.J., Sweeny, Moskowitz, Renwick, Richter, JJ.
6958 2922/03 4310/03

[*1]The People of the State of New York, Respondent,

v

Paul Manning, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Kerry
Elgarten of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sean T.
Masson of counsel), for respondent.

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about April 27, 2009, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court's discretionary upward departure was based on clear and convincing evidence of aggravating factors not adequately taken into account by the risk assessment instrument. Defendant has an extensive history of possessing, trading and promoting child pornography, and caused a child to create a pornographic video. He admitted that he has frequently communicated with minors on the Internet, in some cases leading to sexual activity. In addition, the case summary provided reliable information that defendant has been diagnosed with pedophilia. Accordingly, defendant demonstrated a very high risk of reoffending (see e.g. People v Newman, 71 AD3d 488 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 1, 2012

CLERK