PEOPLE v. BANKS


48 A.D.3d 656 (2008)

852 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BANKS, Appellant.

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

Decided February 19, 2008.


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

The risk assessment instrument prepared in connection with the defendant's redetermination hearing assessed him a total of 130 points, and no departure was recommended. Following the hearing, the Supreme Court accepted the point assessments, refused the defendant's request for a downward departure, and designated the defendant a level three sex offender.

The Supreme Court failed to set forth...

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