Appellate Division of the Supreme Court of the State of New York December 19, 2012 (People v. October)

A court has the discretion to depart from the presumptive *976risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where there exists an aggravating factor or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the Sex Offender Registration Act guidelines (see People v Henry, 91 AD3d 927,