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PEOPLE v. DORATO

291 A.D.2d 580 (2002)

738 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR W. DORATO, JR., Appellant.

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

Decided February 7, 2002.

Crew III, J.

In this appeal from County Court's sex offender risk level classification, defendant contends that the court erred in increasing his classification from the risk level I recommended by the Board of Examiners of Sex Offenders to risk level II. "The court, however, is not bound by the recommendation of the Board and, in the exercise of its discretion, may depart from that recommendation and determine the sex offender's

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