PEOPLE v. BROWN

2009-03839.

85 A.D.3d 750 (2011)

924 N.Y.S.2d 815

2011 NY Slip Op 5036

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAYTON BROWN, Appellant.

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

Decided June 7, 2011.


Ordered that the order is affirmed, without costs or disbursements.

The Board of Examiners of Sex Offenders recommended that the defendant be classified as a level three sex offender. "A departure from the presumptive risk level is warranted where `there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines'" (People v Bussie, 83 A.D.3d 920

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