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PEOPLE v. WALKER

47 A.D.3d 692 (2008)

850 N.Y.S.2d 494

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

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

Decided January 15, 2008.

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

The defendant pleaded guilty to rape in the first degree, and later was assigned a presumptive risk level three sex offender designation (see Correction Law § 168-a). In its risk assessment instrument (hereinafter the RAI), the Board of Examiners of Sex Offenders (hereinafter the Board) indicated that a downward departure from level three to level two was warranted. By way of explanation...

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