Topic: a departure from the presumptive risk level is warranted if… · Go Syfert
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Topic #32028

2 canonical passages across 2 cases, quoted by 12 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. Smith.

#Case FlagCanonical passage Citers
1 People v. Smith Anchor
nyappdiv · 2014
green “a departure from the presumptive risk level is warranted if there is 'an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines” 9
2 People v. Benitez
nyappdiv · 2016
green “facts previously . . . elicited at the time of entry of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated” 3

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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