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PEOPLE v. MONDO

2010-09436.

88 A.D.3d 676 (2011)

930 N.Y.S.2d 482

2011 NY Slip Op 7019

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MONDO, 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.

"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, 920-921 [2011], lv denied 17 N.Y.3d 704 [2011], quoting Sex Offender...

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