People v. Burgos
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the Supreme Court, Westchester County (Adler, J.), entered March 22, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.
Although a court is empowered to exercise its discretion and depart from the presumptive risk level based upon the facts in the record (see People v Girup, 9 AD3d 913 [2004]; People v Guaman, 8 AD3d 545 [2004]), it has been recognized…
2Cases cited8 opinions
- People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. InghilleriAppellate Division of the Supreme Court of the State of New York · 2005
- People v. GirupAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HegazyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. VenturaAppellate Division of the Supreme Court of the State of New York · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GradyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LacewellAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GameAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2008
30 more not listed; retrieve them via the Exa API.