Legal Opinion

People v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 2010PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.), dated May 31, 2006, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

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

A court has the discretion to depart from the presumptive risk level, as determined by use of the risk assessment instrument, based upon the facts in the record (see People v Bowens, 55 AD3d 809, 810 [2008]; People v Taylor, 47 AD3d 907, 907 [2008]; People v Burgos, 39 AD3d 520, 520 [2007]; People v Hines, 24 AD3d…

2Cases cited11 opinions

  1. People v. HinesAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. BurgosAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. BowensAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. KingAppellate Division of the Supreme Court of the State of New York · 2010

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. LobelloAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. LongAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. RileyAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. LedbetterAppellate Division of the Supreme Court of the State of New York · 2011

5 more not listed; retrieve them via the Exa API.

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