Legal Opinion
People v. Lee
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 2010PublishedCited by 2 opinions
1Opinion of the Court
*898Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated August 1, 2008, which, after a hearing to redetermine the defendant’s sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), 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…
2Cases cited9 opinions
- Doe v. PatakiDistrict Court, S.D. New York · 1998
- 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. BurgosAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BowensAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PadroAppellate Division of the Supreme Court of the State of New York · 2011