People v. Marin
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 County Court, Westchester County (Bellantoni, J.), entered October 18, 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 based upon the facts in the record (see People v Hines, 24 AD3d 524, 525 [2005]; People v Girup, 9 AD3d 913 [2004]; People v Guaman, 8 AD3d 545 [2004]). It has been recognized, however, that “[utilization of the risk assessment…
2Cases cited12 opinions
- People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DexterAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HinesAppellate 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. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by4 opinions
- People v. FeeneyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. VelardoAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GochnourAppellate Division of the Supreme Court of the State of New York · 2008
- People v. NesbittAppellate Division of the Supreme Court of the State of New York · 2010