People v. Derrico

by the defendant from an order of the County Court, Suffolk County (Hinrichs, J.), dated March 26, 2007, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

*811Ordered 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 (see People v Taylor, 47 AD3d 907, 908 [2008]; People v Inghilleri, 21 AD3d 404 [2005]). However, “utilization of the risk assessment…