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PEOPLE v. ALCARAZ

570463/06.

2008 NY Slip Op 51611 (U)

PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE ALCARAZ, Defendant-Appellant.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 28, 2008.

PER CURIAM.

Defendant's arguments concerning the risk factor of release without supervision are unavailing (see People v. Lewis, 37 A.D.3d 689 [2007], lv denied 8 N.Y.3d 814 [2007]). Defendant did not establish any special circumstances warranting a downward departure from his presumptive risk level (see People v. Guaman, 8 A.D.3d 545 [2004]).

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