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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME SAM, Appellant.

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

The defendant failed to demonstrate by clear and convincing evidence that there existed a mitigating factor of a kind or to a degree not otherwise taken into account by the guidelines ( see People v Jacobs, 61 AD3d 835; People v Serrano, 61 AD3d 946, 947; People v Abdullah, 31 AD3d 515, 516). The factors relied upon by the defendant, alcohol abuse and his relationship with the victim, are expressly addressed in the SORA guidelines ( see People v Perez, 61 AD3d 946; People v Townsend, 60 AD3d 655). The County Court appropriately designated the defendant a level two sex offender and providently exercised its discretion in denying his request for a downward departure.

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PEOPLE v. SAM
(Nov 17, 2009)