PEOPLE v. ARCHBOLD

5437, 3344/04.

85 A.D.3d 657 (2011)

926 N.Y.S.2d 85

2011 NY Slip Op 5557

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ARCHBOLD, Appellant.

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

Decided June 28, 2011.


Contrary to defendant's contention, the record reflects that the court was aware that it had discretion to grant defendant's request for a downward departure from the risk level assessed by the Board of Examiners of Sex Offenders. The court properly denied that request in light of the serious injury defendant caused the victim. Both the prosecutor and defense counsel noted that the Board's assessment was subject to adjustment based on aggravating or mitigating factors, and...

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