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PEOPLE v. HUGHES

2425, 5560/05

71 A.D.3d 579 (2010)

898 N.Y.S.2d 835

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HUGHES, Appellant.

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

Decided March 25, 2010.

Although we agree with defendant that his correct point score is 70, making him a presumptive risk level one offender, the record supports the court's alternative finding that an upward departure to level two is warranted. Defendant's very serious criminal conduct involving an undercover officer posing as a 13-year-old girl, combined with his affinity for child pornography (see People v Liguori, 48 A.D.3d 773 [2008], lv denied...

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