People v. Jacobs

Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J), dated September 11, 2007, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A court is empowered to exercise its discretion and depart from the presumptive risk level determined by the risk assessment instrument based upon the circumstances in the record *836(see People v Derrico, 55 AD3d 810, 811 [2008]; People v Walker, 47 AD3d 692 [2008]; People v Guaman, 8 AD3d 545 [2004]). However,…