PEOPLE v. CALLAGHAN


56 A.D.3d 363 (2008)

868 N.Y.S.2d 182

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN CALLAGHAN, Appellant.

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

Decided November 20, 2008.


The court properly exercised its discretion in denying defendant a downward departure from his presumptive risk level (see People v Guaman, 8 A.D.3d 545 [2004]). Defendant's conduct following his release from custody did not warrant such a departure, given the seriousness of the underlying crime and defendant's overall criminal record.

Defendant's challenges to his total presumptive risk factor score are unpreserved and,...

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