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PEOPLE v. SANDERLINE

2015-02746.

142 A.D.3d 1061 (2016)

37 N.Y.S.3d 455

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. SANDERLINE, Appellant.

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

Decided September 21, 2016.

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

An upward departure from the presumptive risk level is permitted only if the court determines "that there exists an aggravating... factor of a kind, or to a degree, that is otherwise not adequately taken into account by the [Sex Offender Registration Act] guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]; see People v...

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