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PEOPLE v. VILLANE

49 A.D.3d 517 (2008)

851 N.Y.S.2d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH VILLANE, Appellant.

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

Decided March 4, 2008.

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

The Supreme Court providently exercised its discretion in upwardly departing from the defendant's presumptive sex offender level based upon clear and convincing evidence of aggravating factors of a degree not taken into account by the risk assessment instrument and the guidelines (see People v Leibach, 39 A.D.3d 1093

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