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PEOPLE v. OCTOBER

Motion No: 571044/12.

101 A.D.3d 975 (2012)

956 N.Y.S.2d 148

2012 NY Slip Op 8709

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL OCTOBER, Appellant.

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

December 19, 2012.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the defendant is designated a level two sexually violent offender.

A court has the discretion to depart from the presumptive risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where there exists an aggravating factor or mitigating factor of a...

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