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PEOPLE v. VANDOVER

45 A.D.3d 926 (2007)

843 N.Y.S.2d 851

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD VANDOVER, Appellant.

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

Decided November 1, 2007.

Mugglin, J.

When the issue of defendant's risk level classification was previously before us, we found that County Court did not abuse its discretion in refusing to grant a downward departure from the presumptive risk assessment level of II to level I (Matter of VanDover v Czajka, 276 A.D.2d 945 [2000]). We did, however, find that County Court abused its discretion in ordering an upward departure to risk assessment level...

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