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PEOPLE v. JACOBS

61 A.D.3d 835 (2009)

877 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON JACOBS, Appellant.

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

Decided April 21, 2009.

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

A court is empowered to exercise its discretion and depart from the presumptive risk level determined by the risk assessment instrument based upon the circumstances in the record (see People v Derrico, 55 A.D.3d 810, 811 [2008]; People v Walker, 47 A.D.3d 692 [2008];

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