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PEOPLE v. ANDERSON

2010-02397.

88 A.D.3d 673 (2011)

930 N.Y.S.2d 880

2011 NY Slip Op 7017

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES ANDERSON, Appellant.

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

Decided October 4, 2011.

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

Contrary to the defendant's contention on appeal, we agree with the Supreme Court that a downward departure from the defendant's presumptive risk level assessment was not warranted in this case (cf. People v Abdullah, 31 A.D.3d 515

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