People v. Thompson
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, Nassau County (LaPera, J.), entered December 10, 2004, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.
Ordered that the order is affirmed, without costs or disbursements.
Although departures from the presumptive risk level determined by the risk assessment instrument are the exception rather than the rule (see People v Dexter, 21 AD3d 403, 404 [2005]; People v Williams, 19 AD3d 388 [2005]), a departure is warranted where clear and convincing evidence demonstrates the existence of…
2Cases cited8 opinions
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