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PEOPLE v. AGNEW

1782, 6016/05

68 A.D.3d 526 (2009)

2009 NY Slip Op 9281

889 N.Y.S.2d 451

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD AGNEW, Appellant.

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

Decided December 15, 2009.

The court properly applied the presumptive override for a prior felony sex crime conviction, and properly denied defendant's request for a downward departure (see People v Judd, 29 A.D.3d 431 [2006], lv denied 7 N.Y.3d 709 [2006]). There is no support for defendant's position that the override was not intended to apply when one of the felonies involved an under-cover operation, rather than an actual underage victim. Defendant...

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