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PEOPLE, res, v. TED JOHNSON, def-ap

8370. PEOPLE, res, v. TED JOHNSON, def-ap — Edward Land, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for res — Order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about November 17, 2009, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

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8370. PEOPLE, res, v. TED JOHNSON, def-ap — Edward Land, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for res — Order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about November 17, 2009, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The record supports the court’s discretionary upward departure to risk level three. Defendant has demonstrated an extremely high risk of recidivism, and the type of misconduct in which he habitually engages is sufficiently serious to warrant an upward departure to level three (see People v. Larkin, 66 AD3d 592 [1st Dept 2009) lv denied 14 NY 3d 704 [2010]; People v. Balic, 52 AD3d 201 [1st Dept 2008], affd 12 NY3d 563 [2009]).

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