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PEOPLE v. JAMES JR.

45 A.D.3d 555 (2007)

845 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE JAMES, JR., Appellant.

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

Decided November 7, 2007.

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

The defendant, who was convicted following a jury trial of rape in the second degree, incest (two counts), rape in the third degree, and endangering the welfare of a child, contends that the County Court erred in upwardly departing from the presumptive risk level two recommendation made by the Board of Examiners of Sex Offenders.

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