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PEOPLE v. HERRON

59 A.D.3d 414 (2009)

872 N.Y.S.2d 538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK HERRON, Appellant.

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

Decided February 3, 2009.

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

The hearing court is not bound by a recommendation made by the Board of Examiners of Sex Offenders (hereinafter the Board). In the exercise of its discretion, the hearing court may depart from the Board's recommendation and determine the defendant's risk level based on the record before it (see People v Taylor, 48 A.D.3d 775, 776 [2008]; People v Walker...

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