People v. Hands
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 (Braslow, J.), dated August 8, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
A departure from the presumptive risk level recommended by the New York State Board of Examiners of Sex Offenders (hereinafter the Board) is warranted where “ ‘there exists an aggravating or mitigating factor of a kind, or to a degree, not otherwise adequately taken into account by the guidelines’ ” (People v…
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