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PEOPLE v. ARCIOLA

54 A.D.3d 741 (2008)

862 N.Y.S.2d 908

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 2008.

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 A.D.3d 524, 525 [2005]; People v Girup, AD3d 913 [2004]; People v Guaman, 8 A.D.3d 545 [2004...

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