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PEOPLE v. ABDUL-QAWIYY

49 A.D.3d 703 (2008)

852 N.Y.S.2d 846

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MUSTAFA ABDUL-QAWIYY, Appellant.

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

Decided March 18, 2008.

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

A departure from the presumptive risk level is warranted where "there exists an aggravating or mitigating factor of a kind or to a degree, not otherwise adequately taken into account by the guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006 ed]; see People v White, 25 A.D.3d 677

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