Topic: utilization of the risk assessment instrument will generall… · Go Syfert
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Topic #17048

3 canonical passages across 3 cases, quoted by 24 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Guaman.

#Case FlagCanonical passage Citers
1 People v. Guaman Anchor
nyappdiv · 2004
green “utilization of the risk assessment instrument will generally 'result in the proper classification in most cases so that departures will be the exception not the rule” 12
2 People v. Inghilleri
nyappdiv · 2005
green “a departure from the presumptive risk level is warranted where 'there exists an aggravating or mitigating factor of a kind or to a degree not otherwise taken into account by the guidelines” 7
3 People v. Bowens
nyappdiv · 2008
green “there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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