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PEOPLE v. MAIELLO

32 A.D.3d 463 (2006)

819 N.Y.S.2d 483

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

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

August 15, 2006.

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

The defendant did not demonstrate circumstances which would warrant a departure from the presumptive level three risk level assigned to him under the risk assessment instrument (see People v Guaman, 8 A.D.3d 545 [2004]). The defendant's evidence, while demonstrating that he had made efforts toward rehabilitation and treatment, was conclusory and unsubstantiated...

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