Legal Opinion

People v. Hines

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

Decided December 12, 2005PublishedCited by 39 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Nassau County (LaPera, J.), dated June 30, 2003, which, after a hearing pursuant to Correction Law article 6-C, designated him a level two sex offender.

Ordered that the order is affirmed.

*525A court, in the exercise of its discretion, may depart from the presumptive risk level determined by the Risk Assessment Instrument based upon the facts in the record (see People v Inghilleri, 21 AD3d 404, 405 [2005]; People v Girup, 9 AD3d 913 [2004]; People v Guaman, 8 AD3d 545 [2004]). However, “utilization of the risk assessment instrument will…

2Cases cited8 opinions

  1. People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. InghilleriAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. GirupAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. MountAppellate Division of the Supreme Court of the State of New York · 2005

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

3Cited by39 opinions

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. GuitardAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. BowensAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. FortinAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. LacewellAppellate Division of the Supreme Court of the State of New York · 2013

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

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