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PEOPLE v. SANTOS

2017-07866.

160 A.D.3d 673 (2018)

74 N.Y.S.3d 298

2018 NY Slip Op 02350

The People of State of New York, Respondent, v. Alexander Santos, Appellant.

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

Decided April 4, 2018.

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

The defendant contends that the County Court erred in designating him a level two sex offender based on an upward departure from level one. "An upward departure is permitted only if the court concludes `that there exists an aggravating... factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines'" (People v Jackson, 139 A.D.3d 1031...

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