People v. VanDover

Appeal from an order of the County Court of Columbia County (Czajka, J.), entered June 16, 2006, which denied defendant’s application pursuant to Correction Law § 168-0 (2) for reclassification of his risk level sex offender status.

Mugglin, J.

When the issue of defendant’s risk level classification was previously before us, we found that County Court did not abuse its discretion in refusing to grant a downward departure from the presumptive risk assessment level of II to level I (Matter of VanDover v Czajka, 276 AD2d 945 [2000]). We did, however, find that County Court abused its discretion in…