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PEOPLE v. COLEMAN

5221/00, 5492, 5493.

85 A.D.3d 690 (2011)

926 N.Y.S.2d 102

2011 NY Slip Op 5633

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOBIE COLEMAN, Appellant.

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

Decided June 30, 2011.

The record supports a point score of 110, qualifying defendant as a level three offender. We have considered and rejected defendant's challenges to the court's point assessments for the risk factors of sexual contact with victim and number of victims.

Regardless of whether defendant's correct point score qualifies him as a presumptive risk level three offender, the record supports the court's discretionary upward departure (see e.g. People v Schlau,

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