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PEOPLE v. THORNTON

34 A.D.3d 1026 (2006)

824 N.Y.S.2d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL THORNTON, Appellant.

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

Decided November 16, 2006.

Peters, J.

The sole issue presented on this appeal is whether County Court's upward departure from defendant's presumptive risk level I sex offender status to a risk level III status was proper.* We find that it was and affirm.

A court may order an upward departure when an aggravating or mitigating factor exists which was not otherwise adequately taken into consideration by the risk assessment guidelines (see People v Cruz,...

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