ALBANY – A County Court judge was not obligated to obtain a recommendation from the state Board of Examiners of Sex Offenders prior to holding a risk assessment hearing in an unusual case where the defendant was sentenced to time served, an upstate appellate panel has held.
The Appellate Division, Third Department, said in People v. Grimm, 104233/ 515601, the "exceptional circumstances" of the case left Sullivan County Judge Michael McGuire (See Profile) with no option other than to assign the defendant a risk level without the input of the state board.
