Legal Opinion
People v. Arciola
Appellate Division of the Supreme Court of the State of New York
Decided September 9, 2008PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Dutchess County (Dolan, J.), dated November 4, 2005, 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.
Pursuant to the Sex Offender Registration Act (Correction Law art 6-C), a hearing court has the discretion to depart from the presumptive risk level determined by the risk assessment instrument (see People v Hines, 24 AD3d 524, 525 [2005]; People v Girup, 9 AD3d 913 [2004]; People v Guaman, 8 AD3d 545 [2004] ).…
2Cases cited8 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
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2011