Legal Opinion

People v. Bussie

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

Decided April 19, 2011PublishedCited by 14 opinions

1Opinion of the Court

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated April 19, 2010, which, after a hearing, designated him a level two 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 524,…

2Cases cited5 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. MaielloAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by14 opinions

  1. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. MondoAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2011

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