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PEOPLE v. CHABRIER

38 A.D.3d 355 (2007)

830 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIGIFREDO CHABRIER, Appellant.

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

Decided March 20, 2007.

The court did not err in assessing 10 points under the risk factor for conduct while confined. Defendant's tier III (highest level) prison disciplinary infraction was neither trivial nor remote. There were no special circumstances warranting a downward departure (see People v Guaman, 8 A.D.3d 545

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