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People v. Arias

119 A.D.3d 665 Court N.Y. App. Div. Decision date 2014-07-09 English

Judges Skelos, J.E, Chambers, Duffy and LaSalle, JJ., concur.

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p. 665
The People of the State of New York, Respondent, v Steven Arias, Appellant.
[988 NYS2d 894]

Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated July 24, 2013, as, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

p. 666
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” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Wyatt, 89 AD3d 112 , 119 [2011]; People v Bussie, 83 AD3d 920 , 920-921 [2011]). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated him a level three sex offender (see People v Wood, 112 AD3d 602 [2013]; People v Wyatt, 89 AD3d at 131 ; People v Bussie, 83 AD3d at 921 ).

Skelos, J.E, Chambers, Duffy and LaSalle, JJ., concur.

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