People v. Riley
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, Suffolk County (Kahn, J.), dated May 13, 2010, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.
Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is redesignated a level two sex offender.
A court has the discretion to depart from the presumptive risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where “there exists an aggravating or mitigating factor of a kind, or to a…
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