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PEOPLE v. BYNUM

1449, 99005/15.

140 A.D.3d 501 (2016)

32 N.Y.S.3d 489

2016 NY Slip Op 04673

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMIE BYNUM, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 14, 2016.

The court's upward departure was a proper exercise of discretion, based on clear and convincing evidence of an aggravating factor that was not otherwise adequately taken into account by the risk assessment guidelines, and which outweighed the mitigating factors cited by defendant (see e.g. People v Poole, 105 A.D.3d 654 [1st Dept 2013], lv denied 21 N.Y.3d 863 [2013]). Although, defendant...

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