Legal Opinion

People v. Marin

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

Decided February 13, 2008PublishedCited by 4 opinions

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

  1. People v. GuamanAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. DexterAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. HinesAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. GirupAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by4 opinions

  1. People v. FeeneyAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. VelardoAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. GochnourAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. NesbittAppellate Division of the Supreme Court of the State of New York · 2010

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