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PEOPLE v. STEPHENSON

41 A.D.3d 112 (2007)

835 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLAND STEPHENSON, Appellant.

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

Decided June 5, 2007.

Defendant did not establish a special circumstance warranting a downward departure from his presumptive risk level (see People v Guaman, 8 A.D.3d 545 [2004]). Defendant's point score was well over the threshold for a level three adjudication, his underlying crimes were very serious, and his claim that his evidence of rehabilitation nevertheless warrants a departure is...

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