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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Louis FULLER, Appellant.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.

The County Court erred in upwardly departing from the defendant's presumptive risk level two sex offender status and designating him a risk level three sex offender ( see Correction Law § 168-a). The People failed to demonstrate by clear and convincing evidence the existence of an aggravating factor of a kind or to a degree not otherwise adequately taken into account by the guidelines that would warrant such an upward departure ( see People v Ruddy, 31 AD3d 517, lv denied 7 NY3d 714; People v Guaman, 8 AD3d 545).

The defendant's remaining contentions are without merit or need not be reached in light of our determination.

[See 11 Misc 3d 1081(A), 2006 NY Slip Op 50647(U) (2006).]

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PEOPLE v. LOUIS FULLER
(Feb 20, 2007)