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PEOPLE v. JACKSON

4742, 6490/97.

83 A.D.3d 456 (2011)

919 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JACKSON, Appellant.

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

Decided April 7, 2011.

The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]; People v Johnson, 11 N.Y.3d 416, 421 [2008]), given the seriousness of the underlying sex crimes against a child. The mitigating factors upon which defendant relies were adequately taken into account by the risk...

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