People v Soevyn

People v Soevyn 2014 NY Slip Op 02275 Decided on April 2, 2014 Appellate Division, Second 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 April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2013-06912

[*1]People of State of New York, respondent,

v

Brian M. Soevyn, appellant.




Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of
counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn
Green of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated June 17, 2013, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, in light of the extreme brutality and violence of the defendant's conduct in his commission of the underlying crimes, which included holding the victim hostage in her home over the course of approximately 13 hours, repeatedly threatening to stab her with a knife and burn her to death with gasoline, raping her twice, locking her in a closet, choking and punching her, and engaging in a standoff with the police, the County Court properly determined that there were aggravating factors not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (see People v Ratcliff, 107 AD3d 476; People v Majid, 98 AD3d 897, 898; People v Suber, 91 AD3d 619, 620; People v Henry, 91 AD3d 927; People v Wyatt, 89 AD3d 112, 121, 123; People v Ray, 86 AD3d 435; People v Rios, 57 AD3d 501, 502; People v Miller, 48 AD3d 774, 774-775; People v Joslyn, 27 AD3d 1033, 1034-1035). Upon making such a determination, the County Court providently exercised its discretion in granting the People's application for an upward departure from a level two to a level three sex offender (see People v Henry, 91 AD3d at 927; People v Wyatt, 89 AD3d at 121, 123).
RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court