AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL A. ARCIOLA, Appellant.

Ordered that the order is affirmed, without costs or disbursements.

Pursuant to the Sex Offender Registration Act (Correction Law art 6-C), a hearing court has the discretion to depart from the presumptive risk level determined by the risk assessment instrument ( see People v Hines, 24 AD3d 524, 525; People v Girup, 9 AD3d 913; People v Guaman, 8 AD3d 545). However, "utilization of the risk assessment instrument will generally `result in the proper classification in most cases so that departures will be the exception not the rule'" ( People v Guaman, 8 AD3d 545, 545, quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [Nov. 1997]; see People v Ventura, 24 AD3d 527; People v Hines, 24 AD3d 524, 525; People v Dexter, 21 AD3d 403, 404). A departure from the presumptive risk level is warranted where "there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v White, 25 AD3d 677; People v Guaman, 8 AD3d 545).

Here, the County Court providently exercised its discretion in departing from the presumptive risk level and designating the defendant a level three sex offender ( see People v Hands, 37 AD3d 441, 442). In this regard, the County Court properly considered, inter alia, the defendant's prior extensive criminal history and his parole violations ( see People v Kettles, 39 AD3d 1270, 1271).

The defendant's remaining contention is without merit. Rivera, J.P., Lifson, Santucci and Miller, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. ARCIOLA
(Sep 9, 2008)