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PEOPLE v. FLOWERS

2009-08718.

86 A.D.3d 535 (2011)

926 N.Y.S.2d 323

2011 NY Slip Op 5801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD FLOWERS, Appellant.

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

Decided July 5, 2011.

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

"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, 920 [2011], lv denied ___ NY3d ___, 2011 NY Slip Op 76743 [2011], quoting Sex Offender Registration Act...

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