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PEOPLE v. AUGER

2017-06281.

162 A.D.3d 1082 (2018)

80 N.Y.S.3d 334

2018 NY Slip Op 04764

The People of the State of New York, Respondent, v. Bruce Auger, Appellant.

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

Decided June 27, 2018.

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

Contrary to the defendant's contention, the County Court did not improvidently exercise its discretion in granting the People's application for an upward departure from the presumptive risk level two designation, to risk level three. The People demonstrated by clear and convincing evidence that there were aggravating factors not adequately taken into account...

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