People v. Cohen
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, Rockland County (Alfieri, J.), dated March 5, 2009, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level one sex offender.
Although a court is empowered to exercise its discretion and depart from the presumptive risk level based upon facts in the *1004record, it has been recognized that utilization of the risk assessment instrument will generally “ ‘result in the proper…
2Cases cited6 opinions
- People v. InghilleriAppellate 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. HegazyAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LyonsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CoffeyAppellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- People v. KotlerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. OctoberAppellate Division of the Supreme Court of the State of New York · 2012
4 more not listed; retrieve them via the Exa API.