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PEOPLE v. ALLEN

2015-11186.

151 A.D.3d 1087 (2017)

2017 NY Slip Op 05250

54 N.Y.S.3d 595

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRIN ALLEN, Appellant.

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

Decided June 28, 2017.

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

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in granting the People's request for an upward departure from the presumptive risk level two designation, to risk level three. The People demonstrated, by clear and convincing evidence, the existence of an aggravating factor that was not adequately taken into account

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