We find that regardless of whether defendant's correct point score would make him a presumptive level two offender, this case clearly warrants application of the presumptive override for a prior felony sex crime conviction, and it does not warrant a downward departure. The prior and present convictions involved violent, predatory conduct, and the two incidents were remarkably similar. This demonstrated a serious threat of recidivism (see e.g. People v Reid,
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PEOPLE v. TORRES
6235, 45/00.
90 A.D.3d 442 (2011)
933 N.Y.S.2d 861
2011 NY Slip Op 8809
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUERO TORRES, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 6, 2011.
Decided December 6, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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