People v. Townsend

Summary

The Court of Appeals affirmed the determination assigning defendant SORA risk level two after an upward departure from the presumptive level one classification. It held that defendant's atypical prior criminal history, including three sex offenses and a violent felony committed over a relatively short period, was an aggravating factor inadequately accounted for by the Guidelines. The Court reviewed the departure for record support or legal error and found sufficient support.