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PEOPLE v. BUGETT

548, 1649/12.

137 A.D.3d 581 (2016)

26 N.Y.S.3d 696

2016 NY Slip Op 01919

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BUGETT, Appellant.

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

Decided March 17, 2016.

Defendant's challenges to the point assessment for his prior criminal history are unavailing, and would not in any event affect his level two adjudication. We find no basis for a discretionary downward departure (see People v Gillotti, 23 N.Y.3d 841 [2014]). The mitigating factors raised by defendant were adequately accounted for in the risk assessment instrument, or were outweighed by defendant's criminal history and the gravity...

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