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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ABOY, Appellant.

Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545). The mitigating factors cited by defendant were generally taken into account by the risk assessment instrument. Furthermore, defendant engaged in sex acts with a particularly vulnerable victim.

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PEOPLE v. ABOY
(Mar 5, 2009)