Appellate Division of the Supreme Court of the State of New York March 18, 2008 (People v. Abdul-Qawiyy)

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 adequately taken into ac*704count by the guidelines” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006 ed]; see People v White, 25 AD3d 677 [2006]; People v Guaman, 8 AD3d 545 [2004]).