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People v. Walden

92 A.D.3d 462 Court N.Y. App. Div. Decision date 2012-02-07 English

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p. 462
The People of the State of New York, Respondent, v John Walden, Appellant.
[937 NYS2d 849]

The court erred in initially designating defendant a level three offender rather than a level two offender. The record at best, only supports the level two classification. We exercise our independent discretion to grant defendant a downward departure to level one (see People v Johnson, 11 NY3d 416 , 421 [2008]). Concur — Saxe, J.P., Friedman, Catterson, Freedman and Manzanet-Daniels, JJ.

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