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PEOPLE v. WARD

4864, 2380/90.

83 A.D.3d 561 (2011)

920 N.Y.S.2d 669

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRICK WARD, Appellant.

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

Decided April 21, 2011.

The court providently exercised its discretion in declining to grant defendant a downward departure from his 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]). The mitigating factors he cites are unpersuasive, and were in any event outweighed by the seriousness of the underlying sex crime against a very young child (

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