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PEOPLE v. KITT

47 A.D.3d 456 (2008)

848 N.Y.S.2d 875

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY KITT, Appellant.

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

Decided January 15, 2008.

The court properly assessed 30 points for defendant's prior violent felony conviction for possessing a loaded firearm, and the alleged remoteness in time of that conviction did not warrant a downward departure (see People v Oginski, 35 A.D.3d 952 [2006]). Defendant did not demonstrate any other circumstances warranting a downward departure from his presumptive level two classification (see People v Guaman,

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